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Problem with neighbour's visitors parking in our drive

(121 Posts)
80sbabe Mon 26-Nov-12 21:51:37

I'm wondering if anyone knows the legal stance on a neighbour using our drive for her own visitors ?
We live at the end of an open plan style cul de sac so nobody has fences or hedges. All the houses have off road garages with small drives in front of them.
We have a double garage which sits next to a single garage belonging to the bungalow opposite. It's clear on the house deeds that our house owns two garages and two driveway spaces. The boundary between the drives (which are tarmac) is and always has been marked by a thin paved line so you can see where one ends and another begins.
We bought the house from new and we also still have the original building plans and the marketing information which states the 4 bed homes have 2 garages and driveways and the 2 bed homes and bungalows have 1 garage and 1 drive each.
Last year a new neighbour (she's quite elderly and frail) moved into the bungalow opposite us and at least twice a week we return home to find she has her home help / carer parked in our drive.
This might not sound like a big problem, but our DS is physically disabled and a wheelchair user. He cannot walk at all and has very limited flexibility in his limbs. We need access across most of our double drive to open the car door wide enough to get DS out and into his wheelchair.
We have politely spoken to our neighbour, who really doesn't seem to see the issue. She sees no problem with me unloading my children (have 3 others as well as DS) on the road and parking further up the close until her visitor moves. As they refuse to move when asked I have had to do this at least a couple of times a week for a year.
It doesn't happen every day (I think her helper comes at different times and I am at work through the day) but it's really getting on my nerves and making life a bit more awkward than it needs to be.
Does anyone know if there is any legal action we can take regarding this ?
We don't want to fall out with the neighbour but don't see why we should be regularly inconvenienced by her.
Having looked around on various websites it seems there are laws against blocking someone in, but she isn't doing this, she's just preventing us getting onto our drive when we need to.
Sorry if this is a bit long but I wanted to make the situation about the layout as clear as possible.
Thanks if anyone has any advice.

quietlysuggests Wed 28-Nov-12 15:13:22

Message withdrawn at poster's request.

FireOverBabylon Wed 28-Nov-12 15:30:21

Does your son have an old wheelchair that he's grown out of, that you could leave in the middle of the drive, as if you're going to stop the car and help your DS into it?

As an alternative, could you employ the use of anti-vandal paint on the drive so it gets on her / her tyres, or to be really mean, start parking in the old lady's parking space when she's out?

UnacceptableAmountOfSherry Wed 28-Nov-12 15:40:49

80sbabe You've said you can't build a wall but what about little posts with chain?
I've tried to find a photo from our old house but can't, sorry.

We weren't allowed fencing or brick walls but a few properties on the street had little wooden posts with white chain between to sort of 'define' their property IYSWIM

ratbagcatbag Wed 28-Nov-12 15:42:51

Im in the block her in camp and then ignore the door for about ten minutes, (or longer if I was in bad mood). This is just completely unnacceptable.

Grrrr for you

UnacceptableAmountOfSherry Wed 28-Nov-12 15:43:29

Found similar...I mean this sort of thing

CajaDeLaMemoria Wed 28-Nov-12 15:48:46

Get one of [],or.r_gc.r_pw.r_cp.r_qf.&fp=1f4659efd3e455e2&bpcl=38897761&biw=1431&bih=793 these]]

We've got one. It can be removed without the driveway looking damaged. It's criminal damage if people try to put it down, and it stops people parking in my space. I desperately need my space, as I can't walk far, so your son must really need yours. You can get some okay deals on them, and it'll solve your problem once and for all.

EldritchCleavage Wed 28-Nov-12 15:48:49

I think you can block her in and make her wait to be released. I find it very hard to believe that, if you described it as you have to us, any PC or PCSO would want to process a complaint against you by the carer.

CajaDeLaMemoria Wed 28-Nov-12 15:49:08

Sigh...these, sorry,or.r_gc.r_pw.r_cp.r_qf.&fp=1f4659efd3e455e2&bpcl=38897761&biw=1431&bih=793

ExitPursuedByABear Wed 28-Nov-12 15:49:55

You are being very restrained.

kittycat68 Wed 28-Nov-12 18:51:52

type up a parking charge notice and put it on her windscreen. Keep a copy. If she fails to pay or parks there again take photos and put up another parking charge notice each time, then take her to small claims court. I would also send copies to her employers too if you can find out who they are.

80sbabe Sat 01-Dec-12 22:00:06

Well what I have done is contact our solicitor who handled the purchase for us, she is quite happy to write a letter which would cost around £75 + VAT. In her opinion a legal letter pointing out the trespass would probably be enough to put a stop to the carer parking on our drive.
However, she recommended that before giving her instructions I should check my house insurance in case the legal cover on it includes neighbour disputes and if so to talk to them first as it could be a cheaper option.
I have checked our policy and we are covered so I will contact the insurance company on Monday and see what they say. If they can't help we'll go back to our own solicitor as we think it's probably worth paying to try and put a stop to it.
I will let you know how I get on and thanks again for all your advice and suggestions - it's been much appreciated.

TheFarSide Sun 02-Dec-12 10:20:14

Excellent - thanks for the update.

Chopstheduck Mon 03-Dec-12 09:14:50

You really shouldn't be having to pay a solicitor for this. It's basic law, and you should easily be able to draw up your own letter explaining the legal ramifications if they continue trespassing. I wonder if the CAB could help you?

Sausagedog27 Mon 03-Dec-12 10:24:03

Good luck op!

cfc Wed 05-Dec-12 03:07:33

A quick one, am bf newborn - did your sol explain disclosure of disputes with neighbours when selling home in future?

blibbleflop Wed 05-Dec-12 09:46:03

It would be a shame if you'd allowed your child to play Bob The Builder and left a load of nails all over the drive... shock

SabinatheBallerina Thu 06-Dec-12 11:26:59

I would just go out and let their tires down. They will soon learn!

Collaborate Thu 06-Dec-12 12:17:47

That is classed as theft, as any 1st year law student will tell you.

Gosh but you're a nice person 80sbabe and it sounds like you're handling it beautifully. I reckon your course of action has been perfect - Solicitor's letter, then bollard, and if the bollard is damaged, police.

What an inconsiderate pair your neighbour and her so-called 'carer' are.

innoparticularorder Thu 06-Dec-12 12:51:33

What a nightmare for you, you shouldn't have to explain why you need to use YOUR DRIVE more then her carer, it's your drive!

Fwiw I have similar problems with my neighbours they have a drive which fits 3 cars but that's not enough for them apparently, when they have visitors they just tell them to use ours. But its not every week like you and at least when I ask them to move they apologise most of the time.

Collaborate Thu 06-Dec-12 12:54:40

I used to work in an office where there was very limited parking out the front.

Someone lived in the flat above the office and had the right to park there overnight but had to have moved it by 8am. One morning I arrived at the office at 9.30. there was no on-street parking. The tenant hadn't moved his car. I merely parked behind his car and went about my business. When he wanted to move his car I was in a client meeting, so he had to wait for an hour. He never did it again.

bunchamunchycrunchycarrots Thu 06-Dec-12 13:02:48

It's a bit of an expensive solution but you could try something like this as a solution. You could spend as much in solicitor's letters, so I think this might work out easier, and prevents anyone from parking there in your absence.

Lemonylemon Thu 06-Dec-12 14:53:18

Or one of these.....

I was going to get one to stop my next door neighbour parking her car on my front garden to wash it..... without asking permission.

3littlefrogs Sat 08-Dec-12 10:26:12

Personally I would go for the parking post, because of the dispute disclosure issue.

olgaga Sat 08-Dec-12 14:05:35

This is what you want - there are different types. Would obviously have to have the housing fitted, but it would definitely solve your problem.

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