Car parked on my drive!

[Cyclone 10]

It would seem the matter is one of trespass, and normal procedure demands that the trespasser is asked to leave, and should then leave by the shortest route possible. Not to imprison the trespasser and prevent them from leaving.

I don't believe you can imprison a car. Nor can an item of property be trespassing.

 

It may also seem daft but if there is an altercation, blocking the trespasser from leaving may be seen as actions likely to cause a breach of the peace... Unlikely, but possible, I've seen similar "topsy turvy" applications of POA Section 5 before.

 

The best couse of action would probably to speak to the police Safer Neighbourhood team and ask their advice. Repeated trespass may well be considered anti-social and a warning issued against the trespasser

Possibly, but inconveniencing the person who has done this might actually make them think twice about it in the future.

[Cyclone 10]

They wouldn't remove a car with out a reason, its not illegal to be parked on your drive so there must have been another reason, was it taxed? Thats the only reason the DVLA would be interested.

 

If it was off the road then the DVLA wouldn't be interested even then.

 

The police will tow a vehicle that is stopping you exiting your drive, maybe they were just being over helpful in towing this one as well.

[Bonjon 10]

 

they contacted the dvl a to make sure it was not stolen or anything then they got back to the police and stated the car was not reported as stolen and was fully taxed and then the police sent out a recovery truck (tow truck) to remove the vehicle from my driveway

 

as it is illegal to park on someones driveway and is also illegal to block access to that driveway and also illegal to block access to the homeowners house or garage or outbuildings

 

There must have been a good reason as its not illegal to park on someone elses driveway.

[NightFlight 10]

Ive got to take my hat off to you,i honestly do admire your laid back attitude,personally i would want to rip there head off.

 

I'd also want to rip their head off, there's a keep clear white line parked at the end of my drive which people often park hanging over the ends of it which makes access/egress from my drive difficult and I have a little rant to them in my head.

 

I could go to the trouble of finding out who the owners are and having a word about it but that means camping out by the window til they move it, then trying to find out where they live etc etc and it ends up spiralling into a whole heap of effort and time wasted when in reality, it takes me an extra few seconds to park my car and I get to say "ha, ***** you and your selfish parking, I still got onto my drive" to myself

[Cyclone 10]

as it is illegal to park on someones driveway and is also illegal to block access to that driveway and also illegal to block access to the homeowners house or garage or outbuildings

 

It's not illegal to park on someones driveway or to block access to the driveway. I doubt that you could even claim it was blocking access to your house or garage unless you couldn't walk around it.

 

I'm not saying the police wouldn't help, they're normally pretty good about it, but the only offence involved would be blocking the owner of the driveway in (I doubt that this applies if you block in an abandoned car).

[Squiggs 11]

I don't believe you can imprison a car. Nor can an item of property be trespassing.

 

Imprison would indeed be the wrong word, on that you are correct (unless you closed gates whilst the car's occupants were on the property). But as for trespassing, the OP should have said if it was Herbie or KITT parked there all on its own.

 

What it boils down to is a civil matter - so a private tow company could possibly be employed, but at the cost of the driveway owner, and then recouped through a civil claim.

[Cyclone 10]

They would have trespassed, but they are not currently trespassing unless they are still with the car.

 

He could also smash a window and let the handbrake off... I'm not sure I'd advise it though.

 

The police will probably call the owner using details from the DVLA and tell them to move it, if they can't locate them and it's still there in 8 hours they may well tow it for the OP.

Edited June 11, 2012 by Cyclone

[Lindseyw 10]

I have to say i would be very miffed if someone dumped their car on my drive !! I too would block it in, if nothing else, to get an explanation from the cheeky chuff of an owner !!

[willowwisp2 10]

I'm not saying i'd like it though, i'm saying I've got better things to do than to get wound up and get into confrontations with the type of moron who thinks it's acceptable to park on someone else's drive.

 

I'd rather get on with my evening and when I notice the drive is clear go park my car back on it, if I notice the owner coming back for it whilst doing the dishes or something I might pop my head out the door and say something like "don't do it again mate" and leave it at that.

 

What do I want? my drive clear so i can park on it

what's the quickest and least stressful way to achieve that? don't block them in, and park back on it when they've gone.

 

I think it says a lot about the attitude of society today when people are so willing to make their life more difficult just to get one up on the other person.

 

This is absolutely nothing to do with "getting one up" on another person and everything to do with basic courtesy and morals.

 

What do you do when the response to "don't do it again mate" is "f**k off. I'll park where I want".

 

What's to stop the individual returning and making a habit out of using your driveway once he/she have seen that you are willing to put up with anything? What if the same individual decides to inform others of the fact that you're a pushover?

 

Unfortunately, this is real life and sometimes we have to make a stand instead of just sticking our heads in the sand hoping everything will be OK.

 

Reasonable/sane people do not enjoy confrontation but sometimes s**t happens and you have to deal with it. Otherwise, anarchy rules.

[kermit103 10]

This is absolutely nothing to do with "getting one up" on another person and everything to do with basic courtesy and morals.

 

What do you do when the response to "don't do it again mate" is "f**k off. I'll park where I want".

 

What's to stop the individual returning and making a habit out of using your driveway once he/she have seen that you are willing to put up with anything? What if the same individual decides to inform others of the fact that you're a pushover?

 

Unfortunately, this is real life and sometimes we have to make a stand instead of just sticking our heads in the sand hoping everything will be OK.

 

Reasonable/sane people do not enjoy confrontation but sometimes s**t happens and you have to deal with it. Otherwise, anarchy rules.

 

:clap::clap: Oh so very true

[NightFlight 10]

This is absolutely nothing to do with "getting one up" on another person and everything to do with basic courtesy and morals.

 

What do you do when the response to "don't do it again mate" is "f**k off. I'll park where I want".

 

What's to stop the individual returning and making a habit out of using your driveway once he/she have seen that you are willing to put up with anything? What if the same individual decides to inform others of the fact that you're a pushover?

 

Unfortunately, this is real life and sometimes we have to make a stand instead of just sticking our heads in the sand hoping everything will be OK.

 

Reasonable/sane people do not enjoy confrontation but sometimes s**t happens and you have to deal with it. Otherwise, anarchy rules.

 

If it becomes a regular occurance then it becomes a whole different ball game, but as it stands, it's a one off and the kind of person who parks on someone elses drive is more likely to do it again if challenged than not.

 

I suppose it depends on what your definition of "**** happens" is but as i've said previously I have more pressing matters to attend to than not being able to park on my drive.

[Cyclone 10]

Not if they're inconvenienced for 4 hours they aren't... What kind of idiot would try that again and find themselves blocked in for 24 hrs?