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Parking on a private driveway without permission
Korting
post Wed, 26 Dec 2018 - 16:29
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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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andy_foster
post Mon, 7 Jan 2019 - 09:04
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"How would you feel if some ar53hole parked on your driveway?" used to be the go to line for every lowlife PPC troll, seeking to equate a scrap of land used for extorting motorists with a private driveway.

Whilst businesses perhaps ought to be expected to take reasonable steps to protect their land, many would find the idea of suggesting that individuals ought to install and use barriers in their own driveways, to deter said ar53holes, to be somewhat offensive.

If some ar53hole had parked on my own private driveway and I parked behind him, my intention in so doing would ostensibly be to park in my own private driveway without going to the trouble of dragging his car out of my private driveway. If he had any expectation that I would be moving my car for his convenience (as opposed to when I wanted to move it), I would suggest that he would be somewhat delusional.


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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nigelbb
post Mon, 7 Jan 2019 - 15:00
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QUOTE (andy_foster @ Mon, 7 Jan 2019 - 10:04) *
Whilst businesses perhaps ought to be expected to take reasonable steps to protect their land, many would find the idea of suggesting that individuals ought to install and use barriers in their own driveways, to deter said ar53holes, to be somewhat offensive.

Aren't those barriers called gates? They seem pretty common on driveways so many people obviously don't seem to find the idea offensive.

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.


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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 ā€“ 12 October 2012
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andy_foster
post Mon, 7 Jan 2019 - 15:20
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QUOTE (nigelbb @ Mon, 7 Jan 2019 - 15:00) *
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

This post has been edited by andy_foster: Mon, 7 Jan 2019 - 15:21


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Posts in this topic
- Korting   Parking on a private driveway without permission   Wed, 26 Dec 2018 - 16:29
- - oldstoat   I believe you can remove it under the common law o...   Wed, 26 Dec 2018 - 16:33
- - DancingDad   On her driveway? Not just across the end ? Any com...   Wed, 26 Dec 2018 - 17:08
- - samthecat   I don't think you have any legal power outside...   Wed, 26 Dec 2018 - 18:27
- - nigelbb   We recently had a similar case on the forum where ...   Wed, 26 Dec 2018 - 18:50
|- - southpaw82   QUOTE (nigelbb @ Wed, 26 Dec 2018 - 18...   Wed, 26 Dec 2018 - 20:09
||- - anon45   QUOTE (southpaw82 @ Wed, 26 Dec 2018 - 2...   Thu, 27 Dec 2018 - 22:23
|- - Korting   QUOTE (nigelbb @ Wed, 26 Dec 2018 - 18...   Wed, 26 Dec 2018 - 21:23
- - southpaw82   Even though I am full of the Christmas spirit Iā€™...   Wed, 26 Dec 2018 - 20:39
- - Redivi   But what would happen if you then blocked them in ...   Wed, 26 Dec 2018 - 21:38
|- - nigelbb   QUOTE (Redivi @ Wed, 26 Dec 2018 - 22...   Fri, 28 Dec 2018 - 06:27
|- - DancingDad   QUOTE (nigelbb @ Fri, 28 Dec 2018 - 06...   Fri, 28 Dec 2018 - 11:00
||- - Steve_999   QUOTE (DancingDad @ Fri, 28 Dec 2018 - 1...   Fri, 28 Dec 2018 - 11:19
|||- - nigelbb   QUOTE (Steve_999 @ Fri, 28 Dec 2018 - 12...   Fri, 28 Dec 2018 - 11:45
|||- - Steve_999   QUOTE (nigelbb @ Fri, 28 Dec 2018 - 11...   Fri, 28 Dec 2018 - 11:49
|||- - southpaw82   QUOTE (nigelbb @ Fri, 28 Dec 2018 - 11...   Fri, 28 Dec 2018 - 11:59
||- - Redivi   QUOTE (DancingDad @ Fri, 28 Dec 2018 - 1...   Fri, 28 Dec 2018 - 22:46
||- - rosturra   My drive has space for two cars head to tail. Som...   Sun, 6 Jan 2019 - 11:12
||- - cp8759   QUOTE (rosturra @ Sun, 6 Jan 2019 - 11...   Sun, 6 Jan 2019 - 22:29
|- - cp8759   QUOTE (nigelbb @ Fri, 28 Dec 2018 - 06...   Fri, 28 Dec 2018 - 18:32
- - cp8759   QUOTE (Korting @ Wed, 26 Dec 2018 - 16...   Wed, 26 Dec 2018 - 23:03
- - stamfordman   QUOTE (Korting @ Wed, 26 Dec 2018 - 16...   Wed, 26 Dec 2018 - 23:10
|- - Korting   QUOTE (stamfordman @ Wed, 26 Dec 2018 - ...   Thu, 27 Dec 2018 - 11:45
|- - Fredd   QUOTE (Korting @ Thu, 27 Dec 2018 - 11...   Thu, 27 Dec 2018 - 11:54
|- - Churchmouse   QUOTE (Korting @ Thu, 27 Dec 2018 - 11...   Thu, 27 Dec 2018 - 12:32
- - Mat_Shamus   Is it lawful to relocate the van onto the road if ...   Thu, 27 Dec 2018 - 10:26
- - The Rookie   My understanding is yes, that is what I was told I...   Thu, 27 Dec 2018 - 10:33
- - notmeatloaf   Trolley jacks. We used to keep them when I worked...   Thu, 27 Dec 2018 - 16:39
- - oldstoat   QUOTE (southpaw82 @ Wed, 26 Dec 2018 - 2...   Thu, 27 Dec 2018 - 19:09
|- - southpaw82   QUOTE (oldstoat @ Thu, 27 Dec 2018 - 19...   Thu, 27 Dec 2018 - 19:18
- - Redivi   Even if acquitted, defending a prosecution for cri...   Fri, 28 Dec 2018 - 06:49
- - Sheffield Dave   Criminal Justice and Public Order Act 1994 68(1): ...   Sat, 5 Jan 2019 - 22:08
- - Churchmouse   How about a "Donate Your Vehicle Here" s...   Sun, 6 Jan 2019 - 15:56
- - bobthesod   1)A person commits an offence who, without lawful ...   Sun, 6 Jan 2019 - 16:51
|- - Churchmouse   QUOTE (bobthesod @ Sun, 6 Jan 2019 - 16...   Sun, 6 Jan 2019 - 22:11
- - andy_foster   "How would you feel if some ar53hole parked o...   Mon, 7 Jan 2019 - 09:04
- - cp8759   QUOTE (andy_foster @ Mon, 7 Jan 2019 - 0...   Mon, 7 Jan 2019 - 13:07
|- - andy_foster   QUOTE (cp8759 @ Mon, 7 Jan 2019 - 13...   Mon, 7 Jan 2019 - 14:45
|- - cp8759   QUOTE (andy_foster @ Mon, 7 Jan 2019 - 1...   Mon, 7 Jan 2019 - 17:02
- - nigelbb   QUOTE (andy_foster @ Mon, 7 Jan 2019 - 1...   Mon, 7 Jan 2019 - 15:00
- - andy_foster   QUOTE (nigelbb @ Mon, 7 Jan 2019 - 15...   Mon, 7 Jan 2019 - 15:20
- - nigelbb   QUOTE (andy_foster @ Mon, 7 Jan 2019 - 1...   Mon, 7 Jan 2019 - 18:46


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