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Category: Law
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We have a shared drive with parking space in front of our

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We have a shared drive with parking space in front of our garage which lies to the rear of the drive and house. Our garage is set further back into our garden than that of our neighbour. We are currently having difficulties with our neighbour who is a tenant in the property. He parks his van in front of his garage, when we want to take our car out the space is so tight with approx 3" clearance on each side, it is impossible to move the car forwards safely without someone in the drive guiding through as the driver has insufficient visibilty in the very narrow gap.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We are keeping records of letters that we have written to them asking them to park at the front of their house, and have kept the very aggressive notes he has written in reply. Because where he is parked is on his side of the drive, he thinks it is acceptable even though we are unable to leave our drive without assistance to guide through the gap.
JA: Where is the house located?
Customer: In North London
JA: Anything else you want the lawyer to know before I connect you?
Customer: I do have photos to show how tight the space is, but maybe you don't have an upload facility.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

There is an upload facility on here so if you would like to upload the photographs, I would be happy to view.

The neighbour is clearly causing a nuisance and as such if he continues the best solution would be to apply to your local county court for an order and injunctive relief. However, before you do this, send the neighbour a "cease and desist" letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct). A template “cease and desist” letter is available at http://www.lawdepot.com

Assuming they continue, you will need to complete the attached claim form (N1) and N16a and send to your county court with a fee of £308 payable to HMCTS (unless you are in receipt of benefits in which case you can get a fee exemption so you do not have to pay). For a fee exemption you need to also send to the court form EX160 (let me know if you want this form as I can send it to you). If you do not qualify for the fee exemption, you can pay either by cheque or attend the court and pay at the counter. You will need to prepare a witness statement to accompany the form. A template is attached for you to use . You will need to detail the history of the issues with the neighbour, what was said, the arguments, and so forth - to paint a picture for the Judge as they will not know what this neighbour is like unless you describe it.

If the injunction application is successful you can ask for repayment of the fee from the neighbour.

The court will list a hearing where you attend and ask the District Judge for an order and the injunction. The application would be made under the tort of nuisance.

If granted, the Order is then served on the individual concerned and they are bound by the court order - if they breach the order, they are in contempt of court and could well face a fine and a prison term.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 26 days ago.
Can you direct me to the upload facility
Jim1079 and other Law Specialists are ready to help you