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Parking issues


Iron_man
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Hi, having a bit of a problem in my area and wondered if anyone has any advice?

Basicly, at the end of my parents road there is a school. It is a small street and there are obvious and common parking problems around schooltimes. However there seems to be a new trend starting since Christmas, the blantentness of which I can't believe. There is a group of school mums which, when there are no parking places left on the road, are finding empty drives in the street and parking on them!

This happened to my mum and when she went out to see what the car was (my dad was out shopping so their drive was empty) she got a torrent of abusive language and a speech from the stranger in the car all about "what had happened to niebourly assistance".

I was wondering what, if any, offences are committed (other than the swearing) and what powers we would have to deal with it if this situation happened again??

Iv already advised her to speak to the school and get them to ask the parents not to park in peoples drives or any other part of private property, just to see what effect that might have.

Edited by greg1304
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Hi, having a bit of a problem in my area and wondered if anyone has any advice?

Basicly, at the end of my parents road there is a school. It is a small street and there are obvious and common parking problems around schooltimes. However there seems to be a new trend starting since Christmas, the blantentness of which I can't believe. There is a group of school mums which, when there are no parking places left on the road, are finding empty drives in the street and parking on them!

This happened to my mum and when she went out to see what the car was (my dad was out shopping so their drive was empty) she got a torrent of abusive language and a speech from the stranger in the car all about "what had happened to niebourly assistance".

I was wondering what, if any, offences are committed (other than the swearing) and what powers we would have to deal with it if this situation happened again??

Iv already advised her to speak to the school and get them to ask the parents not to park in peoples drives or any other part of private property, just to see what effect that might have.

Well... you certainly have a Civil case for Tresspass, I'm not quite sure if it could amount to Aggravated Tresspass which is a criminal offence.... however, according to the CPS, the Police have the power under Section 61 of the Criminal Justice and Public Order Act 1994 to direct them to leave the land where the legal occupier has asked them to leave... see below quote from the CPS website...

Removing Trespasser from Land: Charging Practice

Section 61 CJPOA (Stones: 8-24900) enables a police officer to direct trespassers on land (who are there with the common purpose of residing there for any period) to leave the land where the occupier has taken steps to ask them to do so, and either

  • they have damaged the land; or

  • they have used threatening, abusive or insulting behaviour to the occupier, her or his family, employees or agents; or

  • between them they have 6 or more vehicles on the land.

Source

I personally would make a direct complaint to the school (I had a similar problem in a previous house where people would park across my driveway blocking me in/out) I would also make a complaint to the local authority as they are responsible for roads zoning etc... I'd also get any neighbours that are also experiencing problems with it to also make complaints... the more they receive, the more of a priority it will be for them to deal with it.

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Well... you certainly have a Civil case for Tresspass, I'm not quite sure if it could amount to Aggravated Tresspass which is a criminal offence.... however, according to the CPS, the Police have the power under Section 61 of the Criminal Justice and Public Order Act 1994 to direct them to leave the land where the legal occupier has asked them to leave... see below quote from the CPS website.

Source

I personally would make a direct complaint to the school (I had a similar problem in a previous house where people would park across my driveway blocking me in/out) I would also make a complaint to the local authority as they are responsible for roads zoning etc... I'd also get any neighbours that are also experiencing problems with it to also make complaints... the more they receive, the more of a priority it will be for them to deal with it.

Very helpful, cheers matey!

Iv already told her to contact the school and get any neighbours (there are 2 or3 who have had the same issues as it's a single group of people who've had this "great idea" to do it, and it appears to be happening on a regular basis) to send in compliants to.

I'm btp so it's not really on our patch, but Im friends with my local pcso so I'll ask him to take a look and see if my sarge won't mind me "traveling through the area" and if any offences "present themselves in front of me" I can then deal with it ;)

thanks again though!

(edit due to iPod touch screens being too small for podgey fingers!)

Edited by greg1304
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Section 61 CJPOA (Stones: 8-24900) enables a police officer to direct trespassers on land (who are there with the common purpose of residing there for any period) to leave the land where the occupier has taken steps to ask them to do so...

Does parking on a drive for a few minutes count as residing? You could try it I suppose. Personally I'd go for;

1. Tell the driver to behave themselves and move their vehicle or else.

2. Vehicle and driver checks. If there's ten cars statistically one should be uninsured, so that's one seized right away.

3. S59 warnings; I'd contest that parking in someone's drive is inconsiderate (not to mention off-road) and likely to cause annoyance.

If you've got gates then close them or leave a wheelie bin over the entrance to the drive. Raise the issue with the school, local authority and police, especially the abuse.

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Does parking on a drive for a few minutes count as residing? You could try it I suppose. Personally I'd go for;

1. Tell the driver to behave themselves and move their vehicle or else.

2. Vehicle and driver checks. If there's ten cars statistically one should be uninsured, so that's one seized right away.

3. S59 warnings; I'd contest that parking in someone's drive is inconsiderate (not to mention off-road) and likely to cause annoyance.

If you've got gates then close them or leave a wheelie bin over the entrance to the drive. Raise the issue with the school, local authority and police, especially the abuse.

That's a great idea, that's what I'd do!

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or...you can clamp on private land. Put up a sign saying cars will be clamped, buy a clamp, clamp them!!

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Buy a Stinger.

(I should like to point out that that was a joke, and you should in no way use a Stinger to criminally damage anyone's property :D )

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If I come home and found a car unknown to me on my drive in this situation I may be inclined to park behind it as it’s my drive then forget where I left my car keys for an hour or so. Obviously I’d look for the keys vigorously during this time :D

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  • 3 weeks later...

I would find a way to block it in and then when they come giving a torrent of abuse just refuse to move your car as you've had a 'beer' and it wouldn't to safe to move your car for atleast 24 hours!

either that or if your mum has driveway gates I would padlock them with a rather large chain.

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