Private Access Road

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    Private Access Road

    I am the owner of a private access road through which my neighbours including myself have to pass to use their car parking facilities (Garage). One of my neighbours keeps parking her car on the access road thus causing an inconvenience for myself and other neighbours. I have written to her to stop, but she has refused. What are my options?, can I clamp her car? , can I issue her a parking ticket and then a fine?. Kindly advice, please. The title plan clearly shows that the access road belongs to my property.

    #2
    It is a criminal offence to clamp the car, and has been for a few years now.

    I think you can charge her the reasonable rate for parking in that location, plus the costs directly incurred in levying the fee. I don't think you can make any punitive charge.

    I think you may be able to sue her for the actual costs involved in your parking elsewhere.

    You can probably sue for an injunction against her parking there.

    You may be able to move the vehicle, very carefully, the smallest distance needed to allow you to get past.

    As she presumably has a right of way, I don't think the options of a gate, or folding bollard, that can be used to block her in, are viable. (Where these are allowed, they need to have been there, but in the open position, when the trespasser arrived.)

    However, this is not a conveyance question, and I'd suggest there are probably better forums for this sort of "garden law" question.
    Last edited by leaseholder64; 15-04-2018, 15:19 PM. Reason: Typo, and grammar improvement

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      #3
      You might find this of interest, it's a House of Commons research briefing that was published last week:

      "Private, or 'unadopted' roads in England and Wales"

      Page 16 covers nuisance and trespass / parking.

      Comment


        #4
        I suggest buying an old Land Rover and 'sqeezing' by...I'll say no more!

        Comment


          #5
          If you are the undisputed owner (and subject to the precise words of any ROW people have) then putting up private parking signs and issuing tickets is fine - via one of the British Parking Association members. Many would install signs and provide a ticket book for free.

          Is the real problem that this lady is parking in a space where you yourself would wish to park? What alternative space does she have? On road? In her garage?

          Comment

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