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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I live in a council house,next door private not long moved

Customer Question

I live in a council house,next door private not long moved in,still in dispute with council after they allowed them off street parking with dropped kerb,they now will not allow me to park where I have parked for 25 years,the reason he says is he needs two parking spaces to turn his car around as he is not confident about reversing of his little paved area so why did he put it there in the first place.Can he stop me from parking as he can get off and on this paved area no problem
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

HI thanks for your question.

tdlawyer :

My name is XXXXX XXXXX I can help you with this.

tdlawyer :

Where are you parking, on your property or on the road area?

Customer:

on the road I live in a culde sac

tdlawyer :

Okay. Then he is preventing you from parking in the same space on the road as you have always used?

Customer:

yes and I am not allowed to park on the other side either

tdlawyer :

Okay. Legally, there is no exclusive right to park on a public highway (the road) at the exclusion of others.

tdlawyer :

So it's always been a first come first served kind of thing.

tdlawyer :

Decent neighbours usually respect each other and what works for a long time seem to go by unchanged.

tdlawyer :

What the council has done does not interfere with any right you have technically as you never had a right to leave the vehicle in a certain space or place on a public highway.

Customer:

yes I know the saying first come first served but not in the case as all he does is phone the police or traffic control,I have been threatened with a ticket,even when its pretty obvious that he can get off and on so I am not causing any obstruction

tdlawyer :

So he is harassing you in effect then by involving the authorities when he doesn't even need to?

Customer:

yes in a big way even takes photos or videos,I parked on Monday for a few mins to get something from the house and he took photos or videos off my car with my grandchildren inside they where both distraut as they know nothing about the issues Im having I did get the police who had a word with him said he did not know kids where in the car,council have told him to take photos

tdlawyer :

This sounds like it could be harassment. It is a good idea to have a word with the police, as harassment is a criminal offence and they can take action. You might have to formally say to them that you want to treat it as harassment under the Protection from Harassment Act 1997 though.

tdlawyer :

Also, you could take out a civil claim if you need to afterwards, seeking damages and an injunction for harassment. Naturally, it's best to get a solicitor to do this for you if you can, but otherwise, you could do it yourself and issue a Part 7 Claim Form seeking an injunction and damages.

tdlawyer :

The police are the best route though to start with. They don't cost anything and are familiar with the system.

Customer:

There is a lot more that has been done to me,even been put in a police car for over an hour outside my home because he said I was causing an obstrution when the only car in the cul de sac at the time was the neighbour on his so called drive,this was in October I did report this officer and as yet do not know what action was taking,so I feel that the police are not helping me at all

tdlawyer :

You should consider making a formal complaint that it is not being dealt with properly. This will force the police to take a serious look at the issues.

tdlawyer :

If they don't help you though, the county court is the way to go.

tdlawyer :

That's in your own control fully then.

Customer:

yes I have to put every thing in writing and give them the chance to answer,but at the moment what I want to know is how far a distance should I be from his dropped kerb,and if he is not on his so called drive can I park then if he comes in and can clearly drive on his so called drive will I be in the wrong and could I get a ticket,other cars have parked there and he has said nothing

tdlawyer :

If you obstruct him getting access to his property, by obstructing the dropped kerb, then you could find yourself receiving a call from the police with them saying it's a parking obstruction. Not a good idea. Equally, you could find him issuing county court proceedings to prevent you blocking his access.

tdlawyer :

You can use the dropped kerb so long as you don't then drive over his property.

Customer:

thing is he does not own the front of the house it still belongs to the council,and I have been told that legally I could park on it and because I am not obstructing him useing his off street parking it then becomes a dispute between him and me is this correct

tdlawyer :

Yes, that would be correct. The only other person that could complain is the council, if you drive over their land.

Customer:

so if I park to the side of this dropped kerb how far away from it should I be befor its causing an obstruction not my fault hes not a coffident driver,I did tell the police that the next time they threatend to give me a ticket I would take it then they could take me to court for non payment and let someone else decide if I am doing any wrong

tdlawyer :

There are no set rules on this - it's would be down to common sense to work out whether it was obstructing or not.

Customer:

so why are the police not using their common sense and telling him to stop wasting police time,and how do I go about proving that I am not causing an obstruction.

tdlawyer :

You're working on the basis that that the officers concerned have common sense - that's very hit and miss I'm afraid! It's hard to prove you're not doing anything wrong if you think about it. You just need to try and work with the police for them to confirm they will not take action in what would be usual circumstances of where you park. That's the only real way. Of course, you could always apply to the Court for a declaration of your right to park where you do without it being actionable against you, but I would never encourage somebody to do that - it's expensive, time consuming, and often pretty pointless.

Customer:

thank you one last thing I have told the council that as my landlord they have a duty to me and by allowing this they have indeed let me down very badly.

tdlawyer :

I doubt thats legally correct as they will have obligations to you under your lease/rental agreement, and not beyond that in the present case. I doubt the lease prevents them doing as they've done but it does depend on what's in the lease, but I'd be very surprised!

Customer:

Good so they cannot evict me over this matter.

tdlawyer :

Technically, if you're causing a nuisance to other properties and people, this is likely to be a ground upon which they can ask the Court to evict you - but the court would have a discretion about that, and it would use its common sense when deciding whether this is serious enough. Obviously, i don't know the extent of it, but I doubt it's enough to force you to lose your home!

Customer:

thank you for your advice it has been helpful.

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