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Thursday, May 26, 2022

I towed my neighbours car after they blocked my driveway – what are your rights?

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A DRIVER explained that he had his neighbour’s car towed after they blocked his drive way after a dispute over noise.

The motorist said the family next door had asked him not to open the garage door at night, as the beeping could wake their new born baby.

Car parking rows can flare up between neighbours


Car parking rows can flare up between neighbours

But he declined, explaining he was concerned his car could be stolen while parked on the street following a string of thefts in the area.

The man, who shared his story on Reddit, said he came home the next night to find his neighbour’s car blocking his drive.

He said: “Since my neighbour had her baby, I’ve made an effort to be more considerate of noise.

“Despite already sound proofing my rumpus room, I’ve stopped playing my drums after 6pm.

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“I’ve also declined hosting friends outside in my backyard due to noise. I think I’ve been more than considerate, but apparently not.”

The Reddit user added: “A couple nights ago I came home to her husband’s car blocking my driveway just enough that I couldn’t get my car through.

“It was kind of useless because I pushed the button before I even reached my driveway, so it beeped anyway.

“They didn’t come out so I had their car towed and they haven’t done it since.”

Parking is a common theme of neighbour disputes.

Another Reddit user last year said he got a neighbour’s car removed after they kept parking on his dad’s drive.

Disagreements can also spring up over property rights and garden fences.

There are little known rules that could allow you to have your neighbour’s shed or extension removed.

What are your rights if someone parks on your driveway?

The Reddit post raises questions about the legal rights of both parties.

According to the RAC, a loophole in the law means that blocking someone’s driveway could easily go unpunished.

There is no criminal law against someone parking on your driveway without consent.

However, your driveway is part of your property so driving on to it is an act of trespass.

Under the Road Traffic Act 1991, local authorities are responsibly for issuing penalty charge notices for parking offences on the road.

The council also has the power to act in offences where a car is blocking a driveway while parked on a public road, the RAC says.

But if a car is parked on a driveway it is on private property and the council has no authority to remove it.

If the car has been abandoned then the council would be required to move it regardless of where it is.

But if it has up-to-date tax, insurance, MOT and isn’t in a dangerous condition then this is not the case.

The RAC says homeowners should not be tempted to take the law into their own hands, but try to speak to the owner of the car calmly.

The police advise against hiring a tow truck or clamping the vehicle, as this could be a criminal offence.

You should also not attempt to push the vehicle back onto the road.

If you pursue a civil case for trespassing, the courts have the right to remove the car from the driveway.

You could also pursue a legal claim for nuisance behaviour.

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However, both of these options involve going through the courts so could be costly.

Here is how you can report illegal parking.

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