Neighbour deliberately blocking drive

[Sams111]

Hi

I caught my neighbour once snooping around my back garden in my absence via my front door camera. There was no reason to be there, but clearly just wanted to look at something in my property. When I saw him a few weeks later, I asked him politely to just let me know next time he wanted to go into my property. He became very defensive and next time I saw him ( to offer apples from my garden as I did to all my surrounding neighbours) he was defiant and abrupt.

most recently, I found one of his guests substantially blocked my drive, despite there being abundant spaces in the immediate vicinity . I asked him if he could please move it as I had to get my car out and he was about to do so, when my neighbour came out and insisted that his guest would move it later after he comes inside for a few minutes. I explained that I had to go to the airport and really needed to leave but my neighbour kept insisting that his guest should ignore me and come in the house. Although the friend was clearly abashed and did not linger before coming back to move his car, I felt quite bullied and unsure what I should do in this situation. I shouldn’t have to justify why I need access to my own drive but having done so, I really don’t expect to be told that they will only move vehicles at their own convenience. I am wondering how I should deal with this situation should it recur.

[Sam101]

Try to do it nicely and in a way that shows you are concerned and do not wish to make a big issue of it. Ask him how he would feel if the situation were reversed. If that does not work, then explain (nicely) that you do not wish to make a big issue of this but without his help as a good neighbor, you dont wish to have need to seek legal action. Always best to try and solve a problem rather than making it worse. I know it is his fault, but some people are not always as helpful as they could be. Yes you could take legal action, but it would be costly and would burn the bridges that may possibly be mended.

[dslippy]

Listen to Sam101. The only solution to a neighbour dispute is not to get into one, or in any event never to do anything to make it worse.

[Sams111]

Thanks. I really don’t want to have any animosity with my neighbour, that is why I had tried to build bridges by offering apples but not sure if this seems to have somehow given him the impression that I’m weak and he could bully me. I have lived in the area all my life and have never had any issues with any of my neighbours before. Am I right in assuming that I have a legal right to access to my drive? I feel that I was trying to plead for this in vain so it would be useful to know that this doesn’t depend on his goodwill. Just not sure how this could be enforced.

[R0b]

Was the car that blocked your driveway on a public road or private land?

[atticus]

[sorry, I posted on the wrong thread]

[Sams111]

It was on a public road.

[des8]

If the car is on the public highway and blocking your access via a dropped kerb the local authority can take civil enforcement action so you could contact them.

Buried within The Traffic Management Act 2004 (TMA 2004) and associated regulations there is a contravention code 27 stating that to park across a dropped kerb is a parking contravention for which a Penalty Charge Notice (PCN) can be issued

It might also be classed as anti social behaviour

However it will make a fraught relationship even worse, and might even impinge on attempts to sell the properties at a later date.

[Sams111]

Thanks. Presumably it would have to be there for long enough to issue a PCN and within council working hours?

[des8]

Probably.

If the council don't/won't help as a very last resort you could try the anti social route, (Antisocial Behaviour Act 2003 and Police Reform and Social Responsibility Act 2011 ).

[R0b]

Thanks. Presumably it would have to be there for long enough to issue a PCN and within council working hours?

Not necessarily. Check your local council website because my local authority allows you to take a picture and report the obstruction by uploading it, they will then issue a PCN based on the photographs you've taken. Suggest you take front and back photo of the car and a photo of the car in scope blocking your driveway. If you take it too close, driver may argue they weren't preventing you from getting out of your drive and you/council will need to prove they did.

Each LA may be different but I would be surprised if they just wandered streets issuing PCNs for every car blocking a driveway because there is no offence if the landowner consents to the car being parked there and presumably on that basis the LA might take a reactive approach.

A quick google search suggests numerous LAs allow you to report the matter. Some call it inconsiderate parking, enforcement of dropped kerbs, parking a vehicle in front of a dropped kerb, blocked driveway etc.

[Sams111]

Thanks. Sorry I only just noticed this. This is really helpful.