When someone parks THIER car on YOUR drive...what can you do?

[spen666]

I'm sure plod could arrest you for suspicion of criminal damage while they check the car out?

Erm

I am sure you are guessing and know very little about the law


Where are the Reasonable grounds to suspect an offence? - these are needed before a police officer can arrest someone

So if police haven't examined car to see if there is damage, then they have no power of arrest. Even then, they can only use the power of arrest when it is necessary. Explain how your approach is lawful in the light of the following?

Hanningfield v. Chief Constable of Essex Police [2013] EWHC 243 (QB)
Richardson v. Chief Constable of West Midlands Police [2011] EWHC 773 (QB) and
Hayes v. Chief Constable of Merseyside Constabulary [2011] EWCA Civ 911

 

[awomaninsane]

Apart from all the hilarious, sorry, ridiculous ideas for revenge the thing that has astounded me is the bare faced cheek a neighbour could have at doing that. How could anyone think it's ok for them to have a skip delivered to their drive and then park their car on someone else's drive without asking. I really am flabbergasted. How rude are people? Total and absolute disrespect right there. Gggrrgghh.

 

[Dave7]

Another shockinginly bad piece of legal advice from the threads resident barrack room lawyer - you know the sort claim to know the law but know bugger all

Are you naturally nasty or do you have to practice?
I am trying to sumarise the gist of the radio phone in....not claiming to be legally trained..
I am sure everyone would be grateful for your full explanation.

 

[mjr]

That is fine so long as the bollard was there beforehand.

Why?

Would it be OK if I simply closed and locked the gate across the end of the drive? Then it's criminal if they bust the lock, isn't it?

 

[glasgowcyclist]

Why?

Would it be OK if I simply closed and locked the gate across the end of the drive? Then it's criminal if they bust the lock, isn't it?

Yes.

To quote from the legislation I linked to earlier in the thread, see subsection 3...

"54 Offence of immobilising etc. vehicles
This section has no associated Explanatory Notes

(1) A person commits an offence who, without lawful authority—

(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b) moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).

(3) But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction."​

 

[Joey Shabadoo]

Looks like prevention is better than cure.

 

[raleighnut]

Looks like prevention is better than cure.

Quite, they could always lock the drive gates before leaving but that would mean getting out of their tin box to do so, likewise they'd have to get out and unlock them on their return.

 

[classic33]

Quite, they could always lock the drive gates before leaving but that would mean getting out of their tin box to do so, likewise they'd have to get out and unlock them on their return.

Electric gates or bollard.

 

[mjr]

Quite, they could always lock the drive gates before leaving but that would mean getting out of their tin box to do so, likewise they'd have to get out and unlock them on their return.

More to the point, I usually have to get off the bike to open/close gates. Not even the very well-maintained gates on the common that have plenty of side clearance are easy to do without dismounting and propping the bike up and few domestic driveway gates have anything like the clearance as there's often something chunky like a hedge or wall next to them, instead of the commons' wire fence.

 

[Drago]

I've got two automatics, can't see dragging them about in 'Park' will do the gearboxes much good. Unless you have an elevated tow. And actually finding a tow point on modern cars with all sorts of plastic skirts without damaging them? Common to have a small flap with a screw in tow point now - you have one of those? Not saying it ain't possible, just the 'no damage' bit takes care.
.

In the very unlikely event someone with an auto and no towing point arrives on my driveway, I'll move it will my wheel dollies.

 

[Joey Shabadoo]

In the very unlikely event someone with an auto and no towing point arrives on my driveway, I'll move it will my wheel dollies.

Tut. I think they're called grid girls.

 

[classic33]

Tut. I think they're called grid girls.

And banned by the FIA.

Maybe @Drago has a Ferrari!!

 

[spen666]

Are you naturally nasty or do you have to practice?
I am trying to sumarise the gist of the radio phone in....not claiming to be legally trained..
I am sure everyone would be grateful for your full explanation.

You are repeatedly making false legal clainsand giving inaccurate legal statements

Funny you now claim to be summarising a radio program. Strangely you never once said you were quotinf or summarising a radio programme.

Even stranger how you repeatedly responded to specific statements I made. It's incredibly coincidental that every statement I made was dealt with on this fictitious radio programme you have suddenly remembered you were apparently summarising.

If you know nothing about the correct legal position then don't give legal advice

 

[NorthernDave]

I'm enjoying reading this thread, especially some of the more inventive (if legally ambiguous) suggestions.

But I am surprised how many of them seem to involve trapping or immobilising the offending vehicle on the drive...

 

[Julia9054]

I'm enjoying reading this thread, especially some of the more inventive (if legally ambiguous) suggestions.

But I am surprised how many of them seem to involve trapping or immobilising the offending vehicle on the drive...

I am also enjoying reading the thread. I am still none the wiser as to what I would be legally allowed to do!