Trial coming up soon. Going for prescribed rights of parking in private lane, not owned by me , but I own freehold detached house in the lane, and have rights of way of access to my property.
Have 20 years of parking by myself and previous occupants going back to 1988, and have the witness statements saying they all parked.
However the previous occupant who lived there before me lived there from 1994 to 2006 , but did not have a car for the whole time , probably about a half of the time, but when they did not have the car still used the car spaces constantly and continually for their family cars parking and visitors, workmen who came to do jobs such as window cleaners with ladders ,builders, gardeners, doctor , and others who just call to visit without prior notice.
Because our small private lane exits into a major road , which is all restricted parking with yellow lines and meters , so if they could not park in our off street parking as explained then the nearest place to park would be at least 1/4 mile away from our house.?
The question is about this gap when our predecessors ( vendors ) did not have their own car , but did the rest of the time, does it count towards the 20 year time which all the rest of the time from present right back to 1988 had their own car or cars which always parked in these spaces alongside and next to the house, which was not blocking anyother resident in the lane, and was of no use to the owner of the lane because it does not go anywhere except into my back garden through a gate hence to the back door of the house ?
Without the car parking spaces allowed for us it would be extremely difficult to live as we are retired, now in our 70's , and I have just had hip operation so limited on walking. Have Doctor's letters saying we must be able to park by our house.
However the law does not always consider human problems as you know, but just whether there is a right or not ? All we are seeking is to enjoy our retirement in peace but are not being allowed to , and have not been for the last few years because of the claimant who is exceedingly unreasonable to say the least !
Do we have the 20 years ? If not what else can we do ?