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Original poster

Neighbour parking dispute

52 replies

ZenNudist · 31/07/2016 23:11

My NDN went on holiday leaving their car in our shared driveway for a week.

This has been going on for over 18m that the owners live in boyfriend parks there routinely. We have asked him to stop and even put up a sign but he carries on regardless.

This latest week of blocking drive caused us to lose out on having work done in back garden (first opportunity with parental care for our DC and we couldn't have the bags of materials delivered or get the wheelbarrow past to put rubbish in the booked skip.

We don't want to fall out with them because it would be awkward and upsetting. We have turned a blind eye lately but it makes it really hard to get on and off our drive with his car parked in the shared drive.

So I've written a letter marked in contemplation of legal action explaining why they are causing a nuisance and attaching a copy of the deeds (she is likely to never have seen them as she inherited house).

Dh is installing cctv to keep a record of when they park there for a few months. I suppose if they continue to park there as he has done to date then I will file a complaint at the small claims court. My questions are (1) can I recover court costs? (2) what can the courts actually achieve? Is it a fine?

I am absolutely sick of it. So I'm prepared to take them to court if necessary but I can't see it will make much difference as they've ignored all our attempts to stop them so far.

OP posts:
thisisafakename · 01/08/2016 09:06

I would try parking on the driveway for 2 weeks to try illustrate what a pain it is when a car is left there

In theory, yes, but don't actually do this, OP, because it won't help you with the legal case if you have also been breaching the covenant.

BreakfastAtSquiffanys · 01/08/2016 09:10

So he says he'll move it anytime it's in the way, then goes on holiday blocking the drive?
It sounds like he considers it to be his drive and is hoping you just give up any claim to it.

There's a lot of houses (30s) like yours around here

Zxzx · 01/08/2016 09:18

How annoying. Do other houses in the street have the extra fence? I think I'd want rid of it

Turbinaria · 01/08/2016 09:26

I know someone with a similar problem what they have done is parked an old motorbike at the top of the shared drive so preventing their NDN from parking their car in the shared drive. Not great or ideal but at least they can get stuff to and from their back garden.

WhenSheWasBadSheWasHorrid · 01/08/2016 09:31

So he says he'll move it anytime it's in the way, then goes on holiday blocking the drive

Maybe you could start keeping some really unsociable hours. Make up a friend who needs sudden emergency care at 5am and midnight.

CodyKing · 01/08/2016 09:43

Yep - you need to ask every time day night early Sunday morning - make it totally inconvenient as they are for you.

But yes if they aren't listening - take action

Berthatydfil · 01/08/2016 10:59

Yes you need to ask them to move it every single time. I know it's a pain to ask them to do it but in the long run you need to make it more of a inconvenience to them than it is to you.

Also tell him that you need to access the area and if he continues to park there you will go ahead and squeeze past and this puts his vehicle potentially at risk of being scuffed etc. Obviously don't threaten to deliberately scratch it or actually deliberately damage it, but by continuing to prevent you from accessing your garden area with equipment and supplies it's an issue.
Also maybe you should have gone ahead and had your garden deliveries and blocked him in so that he's inconvenienced too.

Original poster
ZenNudist · 01/08/2016 16:21

User7755 there are gates into the back garden to mark the shared bit from our bit. There is a double gate at the front of the shared drive. To get to our rear parking space we would have to unlock front gate and open the one at the back. Alternatively we could remove the front gate on our side (& presumably his) and then nothing to unlock.

OP posts:
Original poster
ZenNudist · 01/08/2016 16:24

Just to be clear I have no intention of getting them fined but I'd want to recover costs if they make it impossible to keep out of court.

I want to keep things amicable so id prefer not to go through rigmarole of starting to use our back parking space as it would require them to secure their dog by putting up a fence /gate between their back garden and the shared drive like we have already.

OP posts:
Original poster
ZenNudist · 01/08/2016 16:33

Berthatydfil made me laugh the idea of blocking him in but we'd have unblocked him by the time they were back from hols. Also I'm not looking to do anything illegal. If anything I want to preserve the restrictive covenant.

OP posts:
CatsAndCocktails · 01/08/2016 16:54

Do make sure that every time and day that you are blocked or there is an issue that you write it down with all the details and if possible take a photograph, copy the CCTV.

Berthatydfil · 01/08/2016 17:00

Smile Zen - then you need to make him move his car every time he parks it there. Until you make it more inconvenient to him to leave it there than to move it / park elsewhere he has no incentive to do so.
Also if you leave it and don't consistently / persistently ask him to move every time he parks there the neighbour may argue that you have consented to the lapse in the covenant.

SavoyCabbage · 01/08/2016 17:10

Yes, keep on asking them to move it.

Pull in everybody you know. Assign two weeks to it. And go for it. One friend comes and you go over 'ohhh, can you move your car so Jane can park'. Then five minutes later Jane goes and five minutes later someone else arrives. Keep it up for days and days and days. And nights of course.

Original poster
ZenNudist · 01/08/2016 18:35

I can ask him to move it every time he leaves it there. Dh keeps very unsociable hours and will be waking them up every day at 5am asking him to move it. But we don't want that level of unpleasantness.

I thought if another flaw in my plan. The NDN doesn't actually have any money. She pretty much owns the house outright and may or may not have any money left over from her inheritance she doesn't work. He barely works but it doesn't matter that he has some money. They aren't married.

They can probably get out of paying court awarded costs can't they?

OP posts:
Original poster
ZenNudist · 01/08/2016 18:47

SavoyCabbage I would just ask them to move it. There's no reason to ask them to move for friends visiting. 😞

OP posts:
CodyKing · 01/08/2016 19:33

But we don't want that level of unpleasantness.

But they're being unpleasant to you!

Why not roll over and offer to park it for them? They don't give a monkeys that you're inconvenienced!

thisisafakename · 01/08/2016 19:41

They can probably get out of paying court awarded costs can't they?

No, a costs order can be secured against her house if needs be. But this shouldn't even go to court- they should stop after you warn them. However, you do need to be firm with them and absolutely crystal clear what your position is:

  • They have a legal obligation not to block the shared access
  • They have been blocking the shared access, in contravention of the above
  • They must stop blocking the access immediately

It is literally that simple. If they continue to do it, you are risking devaluing your house in the future because they may be able to argue implied release or variation of the covenant if you persistently permit them to breach it. I don't know what the issue is with the fence and the dog etc, but I presume that is separate to the parking issue.

There is no need to be unpleasant to them but the longer you leave it and put up with their conduct, the harder it will be to enforce the covenant. I do understand that it can be awkward with neighbours, but their parking needs aren't really your concern.

Original poster
ZenNudist · 01/08/2016 19:57

Thisisafakename you are right. Im not trying to be a pushover I just hate conflict and it's going to cause me no end of stress asking him to move it every time.

Not going to get bogged down in the dog issue, suspect it will come up as he is trying to deflect. He's in the wrong about that as well as I don't think they can rely on our shared gate to shut the dog in, they should keep the dog in their own property.

Sigh... Will try to keep it simple and focus on the shared access blockage that's causing all the problems.

OP posts:
thisisafakename · 01/08/2016 20:11

But don't ask him to move it every time. Ask him to move it once and for all, never to be parked there again. If every time you ask, they interpret that to mean just moving the car temporarily, then they are clearly so thick that they need some form of official warning letter from a solicitor, to make the point. If they then persist, then it really is not your fault that they are too stupid to understand simple instructions.

I would give them a final chance by writing them a letter setting out the facts and say that you don't want to go down the legal route but that you feel you have no choice unless it stops. It sounds like there is already some conflict there if you have been discussing the issue for 18 months. It needs nipping in the bud.

Original poster
ZenNudist · 01/08/2016 23:27

Thisis thanks, I'm strengthened in resolve thanks to this convo.

They've not shown up from their holiday so it's more like 8 whole days away blocking access. Dh not back til late tomorrow do it could be Wednesday before we get to speak to them about it.

OP posts:
Berthatydfil · 03/08/2016 12:25

I think when they come home you need an honest assertive conversation with them to tell them that
A) leaving the car there for over a week /2 weeks caused you significant inconvenience as you couldn't have your deliveries etc
B) if you had gone ahead with the work his car would have been at risk of being damaged by bringing the equipment / supplies back and forth so out of courtesy to them you didn't go ahead this time. However you need the work done so won't be putting it off forever which is why you need the access clear
C) the deeds clearly show its access not parking spaces and he shouldn't be leaving his car there at all so you will be asking him to move if he continues to leave it parked there.
D) you have the legal right to enforce that. You don't want to be bad neighbours but they must ensure they comply in future or you may be forced to take legal action.

ChunkyHare · 13/08/2016 16:04

As your neighbours have stated that they will move their car when you ask, I would be waking them up at 5am to move their car. This and only this will get the message across.

I would make a point of waiting until their bedroom lights went out, give it 20 minutes and then again ring their doorbell and pound on their door.

Only making their life miserable will change their ways. When they are totally pissed off you may wish to remind them that this is an access only drive, not to be parked on and they shouldn't be parking on it.

greathat · 14/08/2016 08:39

We have the same situation. I will never live in a house with a shared drive again!

AveEldon · 14/08/2016 08:52

Our NDNs used to do this - we owned the drive with shared access
Only our house was behind theirs so our access was completely blocked
They would be arsey about moving the car

One solicitors letter later and they stopped doing it

Lemonlady22 · 21/08/2016 15:54

i would be parking my car in front of his on the driveway, or i would buy a really old car and dump it there....i would do it leaving the gate open too....why should their dog and children be allowed to play on your shared property....the sound as entitled as my ndn....also play ignorant which is obviously what they are doing!