Parking Asbo

[chickx]

Can I get an ASBO issued to my neighbour for him parking the front of his van over my driveway 

[jourdain2]

You have the right of access to your property.  Have you asked him to leave it clear?  Very difficult otherwise.  Ask (and log) several times and record result.

Your best bet then is recourse to your local Community Police Officers.  I've just had to do that.  They will assess situations and if, like us, you have cause for complaint - they will 'have a word with neighbour'.   

We have been advised by ours to fit a 'Ring' doorbell camera.

Hope this helps.  Defusing situations is always best.

[Buenchico]

ASBOs were abolished in England and Wales eight years ago.  In respect of criminal offences, they've been replaced by Criminal Behaviour Orders (which wouldn't be relevant in the situation you describe).  Otherwise the only option open to you (as far as court orders go) would be to obtain a civil injunction.

If parking matters have been decriminalised in your area (as they have in most of the country), meaning that the police no longer deal with them, your local council (or the contractor operating on their behalf) can issue a Code 27 Penalty Charge Notice where a dropped kerb is obstructed by a parked vehicle.

[chickx]

I live in Scotland 

We don't talk to the neighbour, whenever we do he just asks my husband to fight him 

[jourdain2]

Does Scotland have Community Police Officers?  Our neighbour was verging on committing a criminal offence against us (it's still up our sleeve if necessary) but when I rang the police, in  very upset state due to his verbal 'assault', they were very sympathetic and the CPOs came out and had a quiet word with him.

They also checked us, obviously, in case we were making a malicious charge against neighbour.  Result is that they ended up having a firm word with neighbour and leaving him in no doubt what his position was and what he could and could not do/say. 

We hope that  this has nipped what could be nastiness in the bud. Surely there must be Community police in Scotland?

[Buenchico]

An application for an ASBO is Scotland has to be placed before a Sheriff's Court by a 'relevant authority', which means either a local council or a social landlord.  Individuals can't apply for one.

It's unlikely that your local council would want to get involved in your situation, as you'd need to show that the actions of your neighbour were causing you genuine 'distress' (rather than just 'annoyance' or 'inconvenience').

Your best option (as far as court action is concerned) would be to seek a civil interdict to prohibit your neighbour from obstructing your driveway.

[Peter Pedant]

They also checked us, obviously, in case we were making a malicious charge against neighbour.

the police didnt give a toss about the lies of my accuser and just shrugged ( c'est la vie etc) - swallowed it hook line and  sinker ( but I was able to refute it)