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Neighbours Parking Illegally. What Can We Do?

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montification | 16:51 Thu 16th May 2013 | Law
37 Answers
The previous owner of our flat and the upstairs flat (it was a house split into two flats) sold the back garden to a housing association who built two houses on the land with no parking spaces.

We, the ground floor flat, have a space at the front of the property and the upstairs flat have a space at the rear of the property which abuts the two houses and is accessed by a driveway from the public highway.

Both the flats have been empty for almost a year and one of the houses at the back has become accustomed to parking her car in the rear space reserved for the upstairs flat and is refusing to cease doing this. There used to be a sign marking the space as reserved but this mysteriously disappeared at some point in the last month before both ourselves and the upstairs flat completed our conveyancing.

The deeds to both the flats state that the houses at the rear of the property have a right to walk, cycle and move their bins across the driveway but that there is absolutely no right to a vehicular access. Thankfully the previous owner of the land was very explicit in this regard when selling it to the housing association.

We have got in touch with the housing association who own the two houses and their solution is to write to their tenant with a reminder that she isn't allowed to park there. The housing officer for the properties has confirmed that the housing association is aware that their tenants have no right to park or even to drive their cars on land.

The problem is that because the road is heavily restricted the tenant doesn't have anywhere else to put her car. There isn't space for 2 vehicles at the rear of the property and she can't park in the drive because it is incredibly narrow and any car left there would block access to our front door and the door to the upstairs flat. It would also obviously block the car belonging to upstairs from leaving.

Both flats have only been occupied for a couple of weeks and we don't want cause any upsets or tread on anyone's toes. We have tried speaking amicably to the owner of the car but she either walks off and goes into her house or feigns ignorance over the facts of the deeds and says she's never been told she can't park there.

What are our options? Somebody we know has suggested getting a parking post put in and only giving keys to both flats but aside from the cost we're worried this might seem a bit aggressive. Also, it would only take a bit of superglue in the lock to cause a huge headache. We're a bit stuck and don't know how to handle things.



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Clamping cars on private ground is now illegal in uk UK, TTT suggestion to buy a clamp and clamp the offending car could leave the OP liable for criminal prosecution.
give him enough rope ummm.....he'll overstep the mark again.
Don't let the facts get in the way of a bit of aggression!!
There is a simple answer get one or two of these and install.
My son has the same problem , he solved it by putting up a parking post, he locks it up right when he is not there and just puts it down to park.
Your question say ' Parking Illegally' but Illegally would mean it is a criminal matter which it is not it is a civil matter, to do with the conditions of the lease.
he sounds like the neighbour from hell. (TTT not the OP)
And also assumes that reasonable people are weak.
Not if you don't charge chuck.
Eddie, see above, she blocks them in if they occupy the space.
Come on guys, history has shown that appeasment does not work I'm a very considerate neighbour, I don't do anything I hate having done to me and neither do my neighbours, we all exist in harmony. The problems arise when a bully is allowed to over step and the sheep just allow it so they nick some more. In the end even the pacifists must fight and the fight is much worse. I avoid agression by making it known that it is available to the bullies if required.

Anyway at the very least I'd take regular pictures and file a trespass suit.
"Not if you don't charge chuck."

No, it's an offence to immobilise a vehicle, there is no mention of doing it for cash or not in the legislation..

Then get another parking post and put that in the space behind so it is impossible to park. Lock the posts upright every time you leave. Or fence off the access space and put the bins on it.
Yes I think that's probably the way Eddie. OK chuck fair enough, I thought you could privately clamp for no charge to prevent this sort of thing.
I love the title of the act "Protection of Freedoms" - protecting the freedom of some eejit to park on my driveway! The law should not be protecting tresspassers.
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Personally, i'd take tora's approach anyday. They do ignore you because you let them walk all over you.......many people are like this. Block her car in(legally of course) and take your time to move the obstruction. If you treat her the way she treats you, she'll learn far more quickly. People are ***.......
has everybody forgotten to take their pills tonight?
No....I've definitely taken mine. A neighbour who is being an arse will never respond to flowers or the word please. I'm a really nice neighbour until I get pissed off....
the tenant will be asked into the housing association office to resolve the problem, they might not be an assurred tenant in which case they risk losinh their home if they cause their neighbours to complain

I had a similar problem with my neighbour so I went to the land tribunal to sort it out

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