Calling BM's Legal Eagles - Parking Dispute

[Southbanken]

Let me lay out the facts:

• I am the owner of a property which sits on a private road.
• The road is shared by 4 other houses (5 in total).
• Of the other properties 3 are owner occupied and the other 2 are BTL and rented to Tenants, including House No.1.
• Together the owners of each property are Directors of a management company set up to maintain and administer the shared areas.
• Adjacent to House No1. is a strip of gravel. This is owned by House No. 1.
• The owner (not the Tenant) of House No 1 is kicking up a fuss because other residents are parking on the shared tarmacked area but in front of this strip of gravel and blocking 'access' to it.
• This strip of gravel is not a designated parking space. Each of the properties has a designated parking space in front of their properties which are shown on their deeds.
• Anyone from No. 1 can access the gravel on foot as there is space either between the cars or directly from their front door, the gravel area that they own extends behind a bin store and links to their driveway.

The owner of Number 1 is threatening "legal action" and have apparently spoken to "our solicitor, council, a friend in the police force and DVLA" and "have been advised to keep records and take photos".

Interested to know if anyone has any thoughts on the legal standing of this, like i said this isn't an official parking space, has no dropped kerb ect so my thoughts are, the other residents are essentially parking in front of their garden on the shared private road and therefore there is nothing wrong in that action.

 

[west didsblue]

Let me lay out the facts:

• I am the owner of a property which sits on a private road.
• The road is shared by 4 other houses (5 in total).
• Of the other properties 3 are owner occupied and the other 2 are BTL and rented to Tenants, including House No.1.
• Together the owners of each property are Directors of a management company set up to maintain and administer the shared areas.
• Adjacent to House No1. is a strip of gravel. This is owned by House No. 1.
• The owner (not the Tenant) of House No 1 is kicking up a fuss because other residents are parking on the shared tarmacked area but in front of this strip of gravel and blocking 'access' to it.
• This strip of gravel is not a designated parking space. Each of the properties has a designated parking space in front of their properties which are shown on their deeds.
• Anyone from No. 1 can access the gravel on foot as there is space either between the cars or directly from their front door, the gravel area that they own extends behind a bin store and links to their driveway.

The owner of Number 1 is threatening "legal action" and have apparently spoken to "our solicitor, council, a friend in the police force and DVLA" and "have been advised to keep records and take photos".

Interested to know if anyone has any thoughts on the legal standing of this, like i said this isn't an official parking space, has no dropped kerb ect so my thoughts are, the other residents are essentially parking in front of their garden on the shared private road and therefore there is nothing wrong in that action.

Best resolved by finding where he lives, putting a brick through his window and torching his house. Also get your dog to shit on this patch of land outside number 1.

 

[aguero93:20]

Best resolved by finding where he lives, putting a brick through his window and torching his house. Also get your dog to shit on this patch of land outside number 1.

What he said, also might be worth looking into whether he has a good looking wife or daughter whose back doors you can smash in.

 

[Blue Maverick]

You can park there in fact you can even park in front of someone's drive as long as you are not blocking their cars access to the highway. If there is no car in the drive you can park there, it's just courtesy not to, if there is no dropped curve I would think it isn't a parking spot anyway.

 

[blueonblue]

You can park there in fact you can even park in front of someone's drive as long as you are not blocking their cars access to the highway. If there is no car in the drive you can park there, it's just courtesy not to, if there is no dropped curve I would think it isn't a parking spot anyway.

Funny enough this is the second time I have heard this in the last week, and its wrong*, right of access works both ways.
This also covers the OP, as a "Private road" it will have shared access which boils down to nobody can obstruct access to his land, however it would be a civil matter meaning he would have to take each individual offence before a court rather than phone plod, or get a private parking company to enforce.


* No dropped curb is read as not a point of access.

 

[CTID1988]

Only solution really would be to firebomb his house when he's asleep

 

[Blue Maverick]

Funny enough this is the second time I have heard this in the last week, and its wrong*, right of access works both ways.
This also covers the OP, as a "Private road" it will have shared access which boils down to nobody can obstruct access to his land, however it would be a civil matter meaning he would have to take each individual offence before a court rather than phone plod, or get a private parking company to enforce.


* No dropped curb is read as not a point of access.

Fair enough it's just from what I'd read in the papers recently about similar issues were cul de sacs had been blocked

 

[blueonblue]

On public roads plod always has the catch all "Unreasonable obstruction" if you get shirty, but the costs of going to court for an order then getting it enforced on private land means your dealing with a proper nob, brick his windows an run away.

 

[Gareth Barry Conlon]

He would need to make any case in court, just ignore him until he takes this step. He would need to prove you are blocking access and even then all he would get is a court order. Sounds like he has a flimsy case at best.

 

[mancityvstoke]

head butt the ****