A relative has passed away and someone is parked in the driveway, what can we do?
One of my relatives sadly passed away and we ended up selling his house as executors of his estate.
Unfortunately, someone started parking in the driveway of our home so we ourselves can’t use it or have access to it.
Even that wasn’t enough and someone even parked their car blocking the driveway to the property. This means that the house is not easily accessible and even handymen will have difficulty coming to work on the premises. This has been going on for weeks.
Both vehicles in question are taxed and their MOTs are up to date.
What can we do about these cars? What are our rights? And can they be policed or taken away? on mail.
Parking Issues: It’s worth knowing what you can and can’t do when faced with anti-social parking (file image)
Jane Denton answers: What a terrible situation! Two people who presumably know that your relative has passed away and the property is vacant, parked in your relative’s driveway and beyond.
I’ve heard many other stories of similar issues with people parking in the driveway and blocking access to the property. We must suspect that the prevalence of this problem stems from the deterioration of social standards and norms.
The email did not mention whether they had taken any preliminary steps to resolve the issue.
Of course, there is no guarantee of success, but let’s start by leaving a note asking the vehicle to move.
In your email, you mentioned that the two cars in question have the latest MOT and taxes. This is important as it affects your rights, but unfortunately in this case it is unlikely to serve the purpose of moving the vehicle quickly.
Derek Millard-Smith, partner at JMW Solicitors and an expert in consumer regulation and parking law, said: Where parking is discouraged, unfortunately, such driver behavior is so common on both private and public property that there is a need for parking enforcement.
Sadly, the driver’s attitude adds to your distress after losing a relative.
Presumably, the property’s driveway is privately owned and the driveway outside is public land maintained at public expense.
Rule: It is illegal to block a fallen curb that allows access to the property (file image).
Enforcement options for driveways take time if drivers continue to park uninvited.
Enforcement on private property was made illegal as a parking violation in 2012, so this is not an option and is illegal.
Options available include the installation of signs to inform the public that the land is privately owned and that it is prohibited to park or stay on the land.
Private residences themselves are restricted from issuing parking fee notices by contract law.
In theory, as a member of an accredited trade association such as the British Parking Association, you can contract with private parking operators who are able to issue parking fees appropriately and fairly in accordance with relevant codes of conduct and consumer protection laws.
Alternatively, you can sue the motorist for trespassing legal tort, but that’s another lengthy process.
A practical solution, if done legally, is to install some sort of barrier on private property, such as a gate or padlocked parking triangle.
There are more options available if a car blocks the driveway, especially if this is public land and there is a fallen curb.
Road Code Rule 243 deals with curb drops and stops are only allowed when traffic stops temporarily.
It is illegal to block a fallen curb that allows access to a property for which local authorities can issue fine notices. I don’t want the double yellow line.
We recommend that you notify your local authority of this. You can also lodge a complaint with your local police through a non-emergency 101 number, but your first point of contact should be the city council.
If the problem persists, property owners can ask the city council to draw a white line on the road in front of the fallen curb.
However, you must have rights as a resident of the property, which can be problematic if the property title has not been probated.
If the vehicle has been on the property for a long period of time, the city council may be asked to remove it as an abandoned vehicle.
Both are taxed, so Congress cannot use its powers to remove them on that basis.
Parking in areas that are not permitted, or for extended periods of time beyond permits, is frustrating, affecting many residents, hospitals and retailers across the country, and affecting the true patrons of those locations. situation.
However, most drivers follow the rules, and only 3 out of 1,000 parking charges occur on private property.
Importantly, it is imperative to set both parking fees and fines at sufficient levels to prevent anti-social and selfish parking. If it’s too low, people will simply ignore it or see it as cheap parking for a day.
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