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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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We are a group of houses responsible for the land around our

Customer Question

We are a group of houses responsible for the land around our houses. There is a house next to us that is let and the tenants have the right to drive over our driveway to their own parking space. However the tenant has now taken to parking his transit van used for work, overnight on this driveway, although he is not blocking it. We have asked him not to do it and written to his landlord - they are both ignoring our request. Is there anything we can do?
Sarah Beadsmoore
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Please confirm that the land the van is being parked on belongs to you and that they simply have the right-of-way over it but not to park on it.

Customer: replied 11 months ago.
Hello - yes that is correct. Our houses were built about 10 years ago by a developer - so we have a map of the boundary of the 5 properties. The house next to us, does just have access to their own parking space, which the tenant doesn't use - parking his very large ugly work van on our driveway - but he is not blocking it. Can we threaten to have it towed away - it isn't left there constantly.
Expert:  F E Smith replied 11 months ago.

He has no right to park on this land which is belong to you, he only has the right to go over it. If he parks on it, regardless of whether he obstruct it or not, he is trespassing.

There are several ways of dealing with this.

The police will not be interested unless there is a potential public order problem/argument with the neighbour.

You can threaten an application to court for an injunction on the basis that he is trespassing. You would also threaten an application for court costs.

If he carries on parking there, you apply to the court for the injunction costs. That’s obviously going to take money and time.

You can put a sign on the van (under the windscreen is sufficient) over the next couple of dayssaying that if the person continues to park there after a particular date (the day you are putting the notice on the windscreen) they are agreeing to pay a daily charge of £80. Their continued parking there is an agreement to pay that fee which, if they don’t pay, will be enforced in the Small Claims Court. Caselaw says £80 is reasonable.

This is exactly what supermarkets do although they have fixed signs, they don’t put signs on the cars.

These charges are enforceable against the registered keeper (not the driver) under the Protection of Freedoms Act 2012.

You cannot charge for the day the notice on you can for any subsequent days.

Take a photograph of the car the notice on and with a current daily newspaper in the photograph to prove the date. there is no harm in putting the notice on the vehicle every day but subsequent notices would be confirming the current charge agreement rather than charge from the following day onwards as the initial notice did.

Take photographs every time the vehicle is parked and note the dates. In another 10 days or so, send him the bill for £800 and if he doesn’t pay, take them to the Small Claims Court. When he gets the Small Claims Court proceedings, he is likely to stop parking and you can still go to court for the charge.

I am pleased to help.

Please rate the service positive it’s an important part of the process by which experts get paid. It doesn’t cost you anything but helped me greatly. We can still exchange emails if you wish.

Best wishes.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Just to say thanks for all the info - a great help.
Expert:  F E Smith replied 11 months ago.

I am pleased to have helped you.

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