PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Blocked driveway, What can I do about a van blocking by driveway
jibber123
post Tue, 12 Nov 2019 - 10:59
Post #1


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



A few weeks ago when i got back from work there was a van parked partly across the dropped kerb at the bottom of our drive. We live on a residential culdesac and most of the cars with out drives park on the opposite side of the road so this van was causing a bit of a problem but was mostly off the road on the pavement/grass, so i managed to squeeze onto our drive and didn't think too much of it, it was probably a builder or delivery driver. My wife came home an hour later by which time there were more cars parked on the other side and she could get onto our drive. So left her van further down the street and like me assumed the van would move shortly when they'd finished what ever they were doing and i'd go and move her van onto our drive. The next morning i got up at 5am for work and the van was still there and as the road had lots more cars on it now I couldn't get off our drive and off to work. So i came back in and did a check and the van wasn't taxed or MOT'd. I worked from home that morning and went in to work late explaining my situation to the company i work for. When i came home the van was still there so i decided to call the police as it appeared to have been abandoned. They took my details and the van details and I was told someone would be out shortly. Fast forward a week and still nothing. So I called them again and they said there were a bit behind dealing with un-registered cars and it might take a few weeks to get resolved. I explained it was blocking access to our property and the pavement, and they said they would escalate it for me. As getting on and off our drive was proving to be a pain we have had to leave both our vehicles on the street and my wife as she gets back later than me after picking the kids up, has to park a long way away and carry the kids and bags a good 5 mins walk to our house. Coupled with this the other morning she went out and someone had hit the side of her van and driven off,doing considerable damage to the drivers door and back sliding doors can't now be opened. When i rang the insurance company up to report it and look at getting it booked into be fixed i was told it wouldn't be covered as the policy states it should be parked on private property at night! My car has also had the wing mirror hit while park on the street. So we are now having to leave work early to get home and guarantee we can get on our drive. But then in the morning we can't get out so end up getting into work late. This has now been going on for 5 weeks and i got a written warning for repeated lateness yesterday. Which i have tried to explain together with photos. but my company just told me to ring the police and get the van moved! I have rung the Police dozens of times and keep getting fobbed of with excuses. There's even a parking ticket on the van windscreen now been there for a few days! So far the damage to both our cars comes to nearly £5000 and I've been late for work over 20 times, plus having to leave early sometime together with the written warning. I'm at a loss what to do next. I rung up a car recovery company and they said they can't just remove a car without documentation from either the owner or police, and the police just don't seem bothered. I spoke to the council and they told me to contact the police. I then tried my local MP who was very sympathetic to my cause, and said they were looking at introducing a parking permit scheme in our street as parking was becoming an issue, but this would have to go through a process before being implemented. In the mean time I've got a £5000 repair bill to get my wife's car through the MOT in a couple of weeks, I'm potentially going to loose my job unless i can find an alternative means to get into work on time and stay for a full 8 hrs 5 days a week, and i'm out of options.

This post has been edited by jibber123: Tue, 12 Nov 2019 - 11:47
Go to the top of the page
 
+Quote Post
3 Pages V   1 2 3 >  
Start new topic
Replies (1 - 19)
Advertisement
post Tue, 12 Nov 2019 - 10:59
Post #


Advertise here!









Go to the top of the page
 
Quote Post
DancingDad
post Tue, 12 Nov 2019 - 12:23
Post #2


Member


Group: Members
Posts: 21,830
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



I'd be querying my insurance policy.
There is normally a question such as where is it normally parked at night but conditional that it has to be??
What about when you visit Aunty Flo in Glasgow, not covered?

Re the van.
If council are not taking action, why not?
If it is blocking a dropped kerb and it is a Special Enforcement Area, they can remove it.
If it has a PCN I suspect that may be what it is for.

Police?
Abandoned vehicle take low priority, I think you may have gone the wrong way and council would have been better but that depends on where you are.
Unnecessary Obstruction is another matter.

MP? Local Councillor and really bend their ear over you being inconvenienced over unlawful parking.
That is what councillors are for, to help their people.

I would also have moved the thing myself by now, at least a couple of foot to gain access but that is me and not something that can be done officially.
Go to the top of the page
 
+Quote Post
Jimzzr
post Tue, 12 Nov 2019 - 12:45
Post #3


Member


Group: Members
Posts: 265
Joined: 14 Mar 2005
Member No.: 2,564



QUOTE (DancingDad @ Tue, 12 Nov 2019 - 12:23) *
I would also have moved the thing myself by now, at least a couple of foot to gain access but that is me and not something that can be done officially.


Me Too, Is the road fairly flat - could you use these to shuffle it along a bit (or if you don't mind getting done for obstruction yourself the middle of the road)

https://www.ebay.co.uk/p/4-X-680kg-Hydrauli...ates/1456114125


Go to the top of the page
 
+Quote Post
jibber123
post Tue, 12 Nov 2019 - 12:45
Post #4


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



I did quibble the insurance policy terminology and i got told my the insurance company to look at a clause in the policy that stated it should be kept on a private driveway during the hours of 11pm to 5am. I've never spent time reading the policy booklets that come with insurance sometimes they can be getting on for 100 pages. I've got a wife and 2 young children to deal with and work full time I've not got a spare couple of hours to read and digest all the legal terminology in the policy booklet, it seems a bit sneaky to me, to hide something as significant as that. With regards to moving the van myself a friend and me tried to tow it the other night, it's a large long wheelbase sprinter and it looks quite low at the back so i guess it's been filled with junk then dumped, cheaper than a skip i guess! Anyway all we did was snap the rope and burn the clutch out. As it's locked i can't get into it to release the handbrake. Someone at work suggested setting it on fire seems a bit extreme and its close to a fence and under a tree on our drive, I don't want to get into trouble with the law i just want this damn thing moved and to get back on with our lives. I was always under the impression that the police will deal with things like this if not they will put you in touch with the right people that will, but sadly not.
Go to the top of the page
 
+Quote Post
Earl Purple
post Tue, 12 Nov 2019 - 12:50
Post #5


Member


Group: Members
Posts: 899
Joined: 25 Jul 2010
Member No.: 39,245



The van is not taxed or MOT'd it possibly isn't insured either, or you could try to make a claim on their insurance.

You can't claim on the van for damage caused carelessly by other vehicles when you were parked on the street, only direct loss, i.e. inability to use your driveway or the van parked in it.

Council are not taking action because it's low on their priority, especially if they don't have anyone to send PCNs to. They don't tow vehicles to keep the pavement or people's driveways clear, they tow to make money from the recovery.



QUOTE (jibber123 @ Tue, 12 Nov 2019 - 12:45) *
I did quibble the insurance policy terminology and i got told my the insurance company to look at a clause in the policy that stated it should be kept on a private driveway during the hours of 11pm to 5am.


Probably if within 200m of the house or something similar.
Go to the top of the page
 
+Quote Post
jibber123
post Tue, 12 Nov 2019 - 12:51
Post #6


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



Those wheel skate things look like they might work, thanks. A chap at work with a 4x4 pickup truck has offered to come round tonight and we're going to smash the front window and release the handbrake, the only problem is the front wheels are on full lock so if the steering lock is on, it will only move about a foot backwards before hitting our tree and fence. I'll see if i can get those wheel skate things from Halfords. If not a couple of car jacks might do it i guess.
Go to the top of the page
 
+Quote Post
jibber123
post Tue, 12 Nov 2019 - 13:15
Post #7


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



Unfortunately I think my wife's van was nearer 500m away so looks like we're going to have to cough up for the repair ourselves. We had been saving for a nice family holiday to Disney Florida next summer for the kids, we've got nearly £4000 saved up so looks like that's going to have to go on the van repair now. We need it as my wife uses for work and ferrying the kids around, and the garage has told us it will fail the MOT next week as 2 doors can't be opened. It must have been a van or lorry to cause so much damage and just drive off, a car would have been badly damaged as well.
Attached thumbnail(s)
Attached Image
 
Go to the top of the page
 
+Quote Post
DancingDad
post Tue, 12 Nov 2019 - 13:49
Post #8


Member


Group: Members
Posts: 21,830
Joined: 28 Jun 2010
From: Area 51
Member No.: 38,559



Moving the van a couple of foot is one thing.
Putting a brick through the window to do so is another and one with potential nasty consequences to you.
Just saying.

Shop around on that repair BTW.
Couple of doors from a scrapper and a little body repair guy.... won't be 5K.
Insurance would be likely to scrap any motor on that damage, their attitude these days with approved repairers and the like is that is a new shell needed.

Onto the council, your councillors, if there is a PCN, they have all they need to remove the thing.
Don't need to go through abandoned and notice period and what they regard as abandoned, it is unlawfully parked.
Hate to say it and often it is meaningless but that is what you pay council tax for.
For them to keep the highways clear and sort out nerks like this.
Doesn't matter if they wont make money on it, it is their job.

Go to the top of the page
 
+Quote Post
peodude
post Tue, 12 Nov 2019 - 13:52
Post #9


Member


Group: Members
Posts: 501
Joined: 8 Aug 2006
Member No.: 7,035



With regards to the insurance, I'd be fighting the insurance company, i wouldn't back down, get a reference off the police for the call, and say you was unable to keep it there due to the blockage. Take it to the Ombudsman if necessary.

With regards to the vehicle, it might be worth saying as well that it is anti social, could be a fire hazard etc.
Go to the top of the page
 
+Quote Post
jibber123
post Tue, 12 Nov 2019 - 15:07
Post #10


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



I'm at my wits end its starting the have serious effects on us a family now ,me and the wife are constantly at each other and tired chasing the same numpties at the police and council and getting nowhere. It feels like the only option left to me is to move the van myself, however if i damage the van moving it i'm liable to get into trouble and they can come after me which is easier than tracking down the owners of the vehicle to get it moved. After all i'm the innocent party in all this and i'm already significantly out of pocket and on thin ice with my job now. I've had 3 garages look at the repair and i did manage to get it down to £4200, apparently the lower sill is also damaged and needs replacing which is a massive job. I know an insurance company would right it off, but with my insurance company refusing to budge if i chose not to fix it i will need to replace it which will cost £1,000's as well. either was i'm stuffed. BangHead.gif

Just had another phone conversation with the council, apparently they have to wait for a minimum of 28 days after the date of the PCN before they can start proceeding to get it removed. This can take a couple of weeks due to the backlog at the moment, so looks like I've got another 6 weeks of this.
Go to the top of the page
 
+Quote Post
TJG
post Tue, 12 Nov 2019 - 15:20
Post #11


Member


Group: Members
Posts: 13
Joined: 6 Sep 2019
Member No.: 105,617



Personally, I would find someone with the ability to tow its, and then move it late at night so that it's in the middle of the road....I'm sure then something would be done.
Go to the top of the page
 
+Quote Post
Harnes
post Tue, 12 Nov 2019 - 16:13
Post #12


Member


Group: Members
Posts: 75
Joined: 28 May 2010
From: Sussex
Member No.: 37,839



Does the OP have the "right" to contact DVLA to request owner details ?
If so, it it were me, I would get owner details, contact a tow company and ask them to recover "my vehicle" back to my "Home address", but have lost keys - but ask them to get it as close to "My front door as possible" tongue.gif
Gotta be cheaper than all the hassle so far !!


--------------------
Better to be 20 minutes late in this life than 20 years early into the next one !
Go to the top of the page
 
+Quote Post
southpaw82
post Tue, 12 Nov 2019 - 17:55
Post #13


Member


Group: Members
Posts: 30,451
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (TJG @ Tue, 12 Nov 2019 - 15:20) *
Personally, I would find someone with the ability to tow its, and then move it late at night so that it's in the middle of the road....I'm sure then something would be done.



QUOTE (Harnes @ Tue, 12 Nov 2019 - 16:13) *
Does the OP have the "right" to contact DVLA to request owner details ?
If so, it it were me, I would get owner details, contact a tow company and ask them to recover "my vehicle" back to my "Home address", but have lost keys - but ask them to get it as close to "My front door as possible" tongue.gif
Gotta be cheaper than all the hassle so far !!

Amusing as it is, let's not advocate breaking the law.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
mickR
post Tue, 12 Nov 2019 - 19:53
Post #14


Member


Group: Members
Posts: 3,325
Joined: 5 Jan 2007
From: England
Member No.: 9,919



Definitely take on the insurance co. Get legal advise, Are you in the AA ? Or get legal advise with your house insurance?
As for hit n run, Any neighbours got cctv?

As for the abandoned van get your mate round asap and drag it just far enough to stop it being a problem. Straps in the right place wont cause any damage, steering on lock or not.
Go to the top of the page
 
+Quote Post
jibber123
post Wed, 13 Nov 2019 - 08:36
Post #15


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



Ok so last night we managed to wiggle the passenger window down enough to open the door and get into release the handbrake. Unfortunately with the steering lock on it would only move backwards into our fence or forwards across our drive and into the road, but due to parked cars on the street we couldn't pull it where we wanted to so we ended up moving it forward and partly into the road so it causes an obstruction, hopefully something will be done about it now. We also looked in the back and it is full of rubble and building waste, hence why it's do hard to move.
We've asked a few people near where my wife's van was hit and the best we can get is what looks like a flatbed lorry reversing out of the culdesac in the early hours of the morning, buts it not very clear and there's no chance of seeing the reg number
I'm trying to fight the insurance company but I've spoken to citizens advise and a free legal advise service i get with the bank, and they both told me as the clause is documented in the policy booklet it's going to be hard to dispute despite the fact it wasn't explained clearly at the time i took the policy out. Looks like this is turning into an expensive lesson, hopefully this will help other people not make the same mistake.
Go to the top of the page
 
+Quote Post
mickR
post Wed, 13 Nov 2019 - 09:48
Post #16


Member


Group: Members
Posts: 3,325
Joined: 5 Jan 2007
From: England
Member No.: 9,919



What van is it? Make age etc? You may be able to get a locksmith to release the steeing lock, if someone inknown doesnt wrench it.

Leaving it in an obstructive position may not have been wise if people saw you.
Go to the top of the page
 
+Quote Post
jibber123
post Wed, 13 Nov 2019 - 10:05
Post #17


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



its not much worse than it was it's further across our drive now but you can still get past as long as no one parks opposite it and blocks the road. it's also got 2 flat tires now, I've left it all unlocked in the vain hope someone steals it! It's a long wheel base sprinter 52 plate if that helps
Go to the top of the page
 
+Quote Post
southpaw82
post Wed, 13 Nov 2019 - 10:55
Post #18


Member


Group: Members
Posts: 30,451
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



You might want to carefully consider your position in relation to the Torts (Interference With Goods) Act 1977. My advice would be that your actions were ill-advised and you’re open to further liability if the van is indeed stolen or damaged as a result of your acts.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
mickR
post Wed, 13 Nov 2019 - 13:00
Post #19


Member


Group: Members
Posts: 3,325
Joined: 5 Jan 2007
From: England
Member No.: 9,919



QUOTE (southpaw82 @ Wed, 13 Nov 2019 - 11:55) *
You might want to carefully consider your position in relation to the Torts (Interference With Goods) Act 1977. My advice would be that your actions were ill-advised and you’re open to further liability if the van is indeed stolen or damaged as a result of your acts.


SP would the op not have a defence to the tort iWGA in that he made reasonable efforts to find the owner by way of contact with police and council?

This post has been edited by mickR: Wed, 13 Nov 2019 - 13:00
Go to the top of the page
 
+Quote Post
jibber123
post Wed, 13 Nov 2019 - 13:48
Post #20


Member


Group: Members
Posts: 22
Joined: 12 Nov 2019
Member No.: 106,582



Quick update my wife's been at home today as one of the kids is off school, and when she popped out this morning there was another parking ticket on the van. My wife just rang to tell me the police have been out to look at lunch time, but told her they can't remove it at the moment but won't give a reason or when they will remove it.
Apparently a neighbor that lives further down the culdesac reported it this morning as her builders delivery lorry couldn't get past to drop some materials off. Just out of interest I looked up the details on the GOV website and the vehicle's MOT history looks like it's failed and been retested nearly every year for the past 10 years it's done over 330,000 miles and from the state it's in now it's not going to do many more. I'm almost 100% sure it's been dumped, it's obvious, it just needs to be removed and put in a compound somewhere where it's not causing an obstruction, and if the registered keeper doesn't come forward to claim it it can be disposed off, simple.
Go to the top of the page
 
+Quote Post

3 Pages V   1 2 3 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 6th December 2019 - 15:03
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.