Nuisance parking - cheesedoff

We live next door to a car repair garage. My drive is parked over and blocked numerous times a day by the garage owner, customers and delivery vans. He also has cars parked on the road for weeks and months on end that never move. We have asked him so many times not to block our drive. During the last argument he denied blocking my drive (but I have plenty of photos) and threatened us with a war. The council say it is a police matter so we called them. They have been round and spoken to him which stopped him blocking our drive for a week, now we are back to square one again. The police have told us that we can phone them when our drive is blocked but they won't come out as it is not a priority. We've told them there is no point phoning them because the cars blocking our drive will be gone by the time they get there. The owner of the garage said its our fault for moving next to garage! We've been here a lot longer than he has. Any advice on what we can do please before I resort to something stupid!!!

Nuisance parking - jamie745

Get yourself on the internet and buy some of those yellow Police cones with the no stopping sign on it ;)

Nuisance parking - SteveLee

It's more a council matter than a police matter, it's illegal to use the public highway for business purposes they will be breaking the terms of their lease too. The council should intervene - the council are probably too busy hiring outreach workers (whatever they are) and chucking money at one-legged, albino gay and lesbian window cleaners' associations to worry about the plight of Mr average tax payer. Good luck.

Nuisance parking - Avant

Get some sticky labels. Write 'do not block this driveway again' on them. Lick every inch of them and stick one firmly down on each offending car's windscreen right in the driver's line of sight. Or glue it provided that the glue doesn't cause criminal damage.

I'm no expert, but would this be a case for an ASBO? You certainly have a strong case for nuisance (interfering with your right to enjoy your property) in the civil courts.

Edited by Avant on 23/09/2011 at 00:39

Nuisance parking - cheesedoff

That is good advice thank you. I did think of going to the council as I saw on the internet a business is not allowed to cause a nuisance or spoil the enjoyment of someones land or property. I've got some cracking photos of him repairing cars in the middle of the road if they doubt me!

Nuisance parking - jamie745

Dont report it all entirely for 'use of business purposes' that would apply if he's parking customers cars on the street or something similar but you wouldnt report the National Grid for having their van on the road would you? People generally dont mind even if he was leaving customers cars on the road so long as it wasnt in anybodies way, clearly the guy is a tool. Go and park your car blocking his front door because you couldnt get on your own drive and then see what he says.

The council will need alot of encouragement to get off their backside and bother to do something, as Steve says they're probably too busy hunting for ways to waste our money. Holding interviews for the post of 'Climate Change Officer' worth around £50k a year of our money. Not as bad as Quango's mind, the Health Protection Agency's spending on GPC's (Government Procurement Cards) was revealed this week. £1200 at a four star mansion, £600 at a Garden centre, £60 on Golfing equipment. But enough of that, i could go on for hours with such interesting facts.

If it was me i'd go and buy about 7 cars and put them all on the road outside my house so as when the mechanic and his cronies arrived they'd have nowhere to park. But thats me i'll go a long way to prove a point.

Nuisance parking - jamie745

Avant, people have been given Asbo's for the strangest of things. The terms of them can be quite funny, the 'you must not do x and x for 12 months' or whatever. A woman received one once which forbid her from 'making excessive noise during sex anywhere in England' (they'll let yoofs vibrate town centres with their stereos but ban one of the finest sounds on Gods earth?!) Two lads from Manchester were 'forbidden from wearing one golf glove' for 12 months.

Asbo's are generally given out for non criminal offences as part of a Government job creation scheme, as far as im aware theres laws already in place for blocking access to property on the public highway etc.

Another idea is to get yourself a Pay and Display machine for use of parking in or blocking your driveway. £40 an hour. Lovely job.

Nuisance parking - cheesedoff

People generally dont mind even if he was leaving customers cars on the road so long as it wasnt in anybodies

It would get on my nerves. We are one of the lucky few in our road who have a drive. Most don't and have to pay for the privilage to park in their road. The garage leave cars parked with no permit. They get away with because as soon as they see the traffic warden they go out and move them.

Nuisance parking - TeeCee

The garage leave cars parked with no permit. They get away with because as soon as they see the traffic warden they go out and move them.

There's the answer. Drop a word in the shell-like of your local parking enforcement officer that by being a little less obvious in their approach or by taking a different route, they could net a tidy sum.

He'll give up after he's had the lot ticketed half-a dozen times.

Nuisance parking - jamie745

Theres probably some rule or protocol somewhere which says they have to dress up as a high vis womble or else the public could accuse them of 'sneaking up' on them.

Nuisance parking - Guanocascade

That's nasty....but highly effective!

Edited by Guanocascade on 23/09/2011 at 14:44

Nuisance parking - bathtub tom

What's to prevent the OP dressing up to look like a traffic warden and making repeated visits to the area? Perhaps the garage would spend so much time moving cars around, they'd get little work done.

Nuisance parking - jamie745

Well its done by PCSO's now isnt it which have a similar outfit to the Police so there'd be probably be some law somewhere of impersonation. Quite how PCSO's dont get arrested for impersonating a police officer i dont know.

Nuisance parking - expatsFL

To the op. For what its worth you have my sympathy. The thug garage owner thinks your a pita for "upsetting" his business /customers etc and will do anything to annoy you, 'cause he knows that most councils are weak as dishwater as they dont want to upset anyone. The cops dont want to know as its to much hassle and they will always refer it back to the council and then catch 22. The garage owner prob has a council official in their pocket bought and paid for and of course probably "contributes" to elections etc. Get a few mates around and ask them to park all over the place. Make "appointments" for work and "change" your mind. Put up a placard saying they are crap. Complain to the fuzz you have been harassed...... a lot.Get someone from the council on your side . Local TV station maybe......Sorry mate.

Nuisance parking - jamie745

I think you're giving a thuggish garage owner a bit too much credit, as if he'd be able to mastermind anything so sinister. More likely he just does what he wants because nobodies yet told him otherwise.

Nuisance parking - Doc
Parking alongside Dropped Kerbs

Parking alongside dropped kerbs is prohibited in London under the provisions of Section 14 of the London Local Authorities and Transport for London Act 2003.

Part 6 of the Traffic Management Act 2004 when enacted will repeal section 14 and give all local authorities in England with civil parking enforcement powers the ability to take action when a vehcile is parked alongside a dropped kerb in a Special Enforcement Area (that is, an area where parking is, in all other instances, permitted). The regulations underpinning Part 6 of this Act are due to come into force early in 2008.

Action to regulate and enforce pavement parking or parking alongside dropped kerbs is strictly a matter for the relevant local authority.

Nuisance parking - ukathleticscoach

Key it!

Nuisance parking - dadbif
A good catapult is very effective....
Nuisance parking - Bobbin Threadbare

Get yourself into pigeon fancying, and train them to deliver messages. He'll soon move his vehicles when they get covered in pigeon muck!

On a more serious note, the law can be somewhat grey about this type of thing, as you've experienced with neither the busies or the council willing to take it on. This garage owner may actually need planning permission for what he is doing, and I had a little look into street trading licenses too; does he have one of those? A lot of councils won't grant one for having cars or any chemicals (like petrol) on the pavement outside a business. I found this too (from a council website near me):

".....Please note that the construction of a dropped kerb does not give the occupier of the premises any particular rights, except to drive a domestic motor vehicle over a highway to gain access to his or hers property. The crossing itself is part of the public highway."

Nuisance parking - Doc

In Bexley you can register your dropped kerb for enforcement.

From Bexley site:

It means, that Parking Attendants will be
able to issue Penalty Charge Notices
(parking tickets) to motorists for parking in
front of dropped footways (sloping kerbs),
however, parking tickets can only be
issued under the following circumstances:
1:
The Council can issue parking tickets to
any motorist parked in front of a shared
or pedestrian dropped footway.
A shared dropped footway is a footway
used by two or more residents or
business users to enter / exit their
driveway. A pedestrian dropped
footway is used by pedestrians to cross
the road, e.g. by a pedestrian refuge.
2:
The Council can only take enforcement
action against a motorist for parking in
front of a single use dropped footway if
the resident affected has authorised the
Council to do so. Bexley Council will
require residents to register their details
and this will enable the Council to issue
parking tickets to any vehicle parked in
front of such a dropped footway (this
includes resident’s own vehicles).
Single use dropped footways are used
by one resident or one business user to
enter or exit their driveway.

Nuisance parking - skittles

Make a complaint to planning, see if you can get your neighbours on board. If the council receive one complaint they are likely ot to take any notice, if they get three or four or more then they are much more likely to act.

You can get an injuction, although not sure of the costs, been told aroud £500, there are various net lawyers who claim they can do it for less

Or you coul try and block the entrance to his garage if your drive is bloked

 

Ask Honest John

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