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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The rented property next door is used by the tenants as a day

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The rented property next door is used by the tenants as a day nursery only. The tenants reside elsewhere. We experience inconvenience as a result of vehicles parking across our driveway mornings and afternoons whilst dropping off and collecting children next door. We already have a white line vehicle crossover marking but this does not prevent nuisance parking. We have complained to both the landlord and the tenants on numerous occasions but with little lasting effect. We have CCTV monitoring the driveway so any illegal parking is recorded.
Can anything be done by way of a restraining order requiring the landlord to ensure that there is no obstruction of the driveway? Is this a matter for the local council to impose a permanent parking restriction?
The tenants are registered childminders and are subject to OFSTED inspection and regulation. They have some while back applied for planning permission to use the premises as a nursery but no planning permission has ever been granted as far as I know.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.Have you complained to the Landlord please?
Customer: replied 11 months ago.
Not recently. The landlord is a property company called Florest Investments Ltd. They can only be reached via a Regd.Office address. If you write to them with any sort of complaint they reply on the basis that they cannot do anything unless they receive a solicitor's letter.
Hope this helps.
Expert:  Ash replied 11 months ago.
Ok, then what you need to do is ask them to stop otherwise say you will seek a Court order. if that does not do any good then you should get a local Solicitor to write and ask them to stop. The cost of this will be about £150 or so and you can get a local one to do this.If they ignore this then you can seek a Court order. You would need to complete forms N208:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdfAnd N16ahttp://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe Court would list the matter for hearing and decide whether to make an order. If the Court does and they ignore it they would be in contempt in Court and could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 11 months ago.
Alex,
Many thanks. When you say "...ask them to stop.." I assume you are referring to the Landlord rather than the tenants. Also is the obstruction of a dropped kerb (vehicle crossover) a specific statutory offence (for which the local Council Civil Enforcement Officers may issue a fixed penalty notice) or does it boil down only to a right of access at Common Law?

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