Parking on a private driveway without permission |
Parking on a private driveway without permission |
Wed, 26 Dec 2018 - 16:29
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#1
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Member Group: Members Posts: 1,570 Joined: 13 May 2010 Member No.: 37,524 |
Today, my friend went to leave her house and found a large van had parked on her driveway. She didn't need her car but she wouldn't have been able to get it out because of the way the van was parked.
The driver of the van did not have and certainly did not ask permission to park on the drive. So what can one do if faced with this situation? You cant clamp it, you cant get inside it or break into it to release the handbrake. It is I understand to glue a notice to the windscreen. So what can one legally do? |
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Mon, 7 Jan 2019 - 17:02
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#41
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Still, there is no private driveway defence to section 54 and if the ar53hole concerned initiates criminal proceedings against you, you'd be relying on the discretion of the CPS to take over and discontinue the prosecution on public interest grounds. While clearly they should discontinue in this scenario, it's best practice not to rely on the CPS for anything. As no offence would have been committed, I do not find the apparent lack of an applicable defence to be overly troubling. Depends on whether the court accepts your account of what your intent at the time. Should work, might not. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 7 Jan 2019 - 17:02
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Mon, 7 Jan 2019 - 18:46
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#42
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
Incidentally re-reading Section 54 of POFA 2012 I see that it's not restricted to motor vehicles & that if someone parks their caravan on your driveway that towing it off is an offence. Only if the intention is to immobilise. Towing itself is not an offence under s. 54 OK. I just re-re-read & see that immobilising or moving the vehicle is only an offence if:- QUOTE Intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it. -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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