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Parking on someone's driveway

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To which the owner would say, "No, I left it over there, in that private driveway. Someone must have taken it without my consent. I therefore wish to report it stolen. Please investigate."

 

And the police would say, "Your car is quite clearly not stolen, it's right there, stop wasting police time, oh and here's your ticket for causing an obstruction".

 

---------- Post added 15-04-2017 at 20:11 ----------

 

Doing this is apparently illegal, according to the last line of the article that states "Under no circumstances would we advocate you merely pushing the vehicle onto a road and leaving it there, as you may commit a number of offences."

 

Moving the car and leaving it somewhere (perhaps parked on double yellow lines) sounds like a good idea, although I am not sure about the legal implications of doing this.

 

Key word is "may" IMO. The only offence I can think of is causing an obstruction, and if they don't see you do it, then the owner is responsible.

 

---------- Post added 15-04-2017 at 20:13 ----------

 

Strictly speaking that counts as "Taking without consent".

Does it? It's not "taken" in any way. It's moved.

I've been told that if you can see a vehicle and block it in, then that is legally causing an obstruction, which is illegal, but if you can't, then it is simply trespass.

 

We're not talking about blocking a drive though, we're talking about parking on it.

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If anyone dumped a car on my drive it would either be chopped up and skipped, or turned into a chicken coop. Clearing rubbish off you're drive, or making a chicken coop is not illegal as for as I know.

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If anyone dumped a car on my drive it would either be chopped up and skipped, or turned into a chicken coop. Clearing rubbish off you're drive, or making a chicken coop is not illegal as for as I know.

 

Criminal damage is though

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You need to read up on the law about invoulanry bailments.

 

Write a letter to the bailee telling them whats going on, tell them you will remove and dispose of the vehicle after 28 days, and invite them to come and reclaim it.

 

After 28 days you can have it removed and disposed of and stick them with the costs (set against an monies made from sale)

Also cite the applicable law.

See Torts (Interference with Goods) Act 1977, esp. sections 12/13 and Schedule 1.

http://www.legislation.gov.uk/ukpga/1977/32/crossheading/uncollected-goods

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Criminal damage is though

 

If I find some rubbish on my drive, are you saying that I can't 'damage' it in order to get it into the bin?

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the_madarin,

 

From reading this thread it appears that legally there isn't very much that you can do.

 

I guess the culprit knows who you are and is prepared to ignore your needs. It's a form of bullying. I suppose persuasion would have very little impact on the culprit.

I do hope you find a solution soon.

 

Errrrr ... It is not my problem :)

 

I happened to read the article that I mentioned in the original post, and was surprised to read it. The reason I started the thread was firstly, to make other people aware and secondly, to check of anyone else had faced this kind of problem and found a legal solution.

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Criminal damage is though

 

Criminal damage to what? Clearing dumped rubbish off my drive is not an offence. If I found an empty crisp packet, would I not be able to dispose of it? It belongs to someone as they have purchased it.

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The_ madarin,

 

It's certainly made me more aware. I have a dedicated parking space that came with the house purchase. My defender was nicked from that space. So I erected a collapsible bollard

secured by two padlocks. Such a precaution deters thieves from nicking my Suzuki or parking in my space.

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Criminal damage to what? Clearing dumped rubbish off my drive is not an offence. If I found an empty crisp packet, would I not be able to dispose of it? It belongs to someone as they have purchased it.

 

Yes but finding something on your property that is clearly of value doesn't give you the automatic right to damage or dispose of it without making reasonable efforts to find the owner, eg,

 

it could have been stolen and left there,

it could have been parked there by mistake (although unlikely)

it might have been given to you (possibly)

you might be able to claim it if the owner cant be traced

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So you don't have the right to remove things from your property that have been left there without permission, if you somehow judge them to be of value? But if you judge them to be of no or little value, then you can? Seems unlikely that the law says that.

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Yes but finding something on your property that is clearly of value

 

How do I know it is of any value? it could be a right sack of turd. Engine blown up, gearbox makes more noise than the Tardis, list of MOT failures as long as Norfolk street. Its my land and I am the free holder of said land and property built on it, all bought and paid for. Trust me if someone stuck something on it, it wouldn't be there long without permission.

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