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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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i live in a property on an unadopted road how can i prevent

Customer Question

i live in a property on an unadopted road how can i prevent strangers parking vehicles in front of my house
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you have a dropped kerb?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
Thank you.
The local authority will not be interested in this because the road is unadopted.
If you have the right-of-way over the road but do not own the road up to the centreline or past the centreline, then the reality is that you can't do anything provided whoever is parking is not obstructing the dropped curb. If they are doing that, you can seek an injunction in common-law nuisance and ask the court to award costs against the culprit.
If the land up to the centre of the road or past the centreline is included in your title you would need to get an injunction to stop the culprits parking on that piece of land on the basis that they are obstructing the road and interfering with everyone's right-of-way and that they are trespassing on land by parking which they only have the right to drive over.
If you actually own the land on which they are parking and it is included in your title you can take a leaf out of the supermarket's book and put a sign up which says that by parking there they agree to pay a fee of (for example) £60 provided it is paid within 7 days and £120 thereafter. Under the Protection of Freedoms Act provided there is sufficient signage these charges are now enforceable against the registered keeper. You can get the name of the registered keeper from DVLA for a nominal fee.
If you don't want unsightly signs you can actually put a notice on the windscreen of the car saying exactly the same thing and the next time they park, get their details from DVLA and send them an invoice. The chances are that they will not pay it and it is then up to you whether you take them to the Small Claims Court or not.
Do remember however that if the land on which they are parking is not included in your title, there is nothing that you can do unless they have obstructed your drive.
Can I clarify anything for you?
Jo

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