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Hi all,
I don't know if anyone can help and if they can I realise tis is a legal minefield but here goes.
My daughter started in nursery school a month ago and upon collection of her on Friday last, my partner parked in an adjoining street.
The street has no signs indicating Private road etc, however when she returned the car had been boxed in by a resident who was going absolutely ballistic screaming 'this is a private road!', 'you have no right parking here, leave immediately!' etc,etc...
My partner hastily attempted to get away in the car but he then proceeded to open her door, scream more abuse, then go round the other side and lean on my daughter's side(3yrs old, brave huh!) which frightened the life out of her and she began to cry.
On getting home my partner contacted the police(yeah still waiting!) although my query is with the road, I've contacted the council who say it's unadopted though I have to write to their highways dept. to establish the true nature of the road.(letter soon!)
However at what point can someone order you out of a road with no private signs and just because the upkeep falls on the residents they don't own the road do they?
Where do I find more info out and who can help because I'd love to give this bully some bad news!
Sorry it's lengthy but as you can imagine I'm fuming!!!!
Sounds awful, make sure you get it sorted to your satisfaction.
I would have thought that if its unadopted there's a fair chance it is common land and you've probably every right to park there as a result.
Sorry I can't be more help, but I don't really know too much about it. Will ask my girlfriend though, she's doing a Law degree and has done a bit of Property Law - last exam tomorrow, so will give her a project to play with to keep her on her toes.
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Re: Unadopted roads
doesnt matter if its a private road or not, signs or not
does not give the person the right to do that.
i'd recontact the poilce and get a statement done asap
possible entrapment and threatening behavior at the least.
dx100uk
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Personally, if they'd done that to my daughter I would buy an old banger for 50 quid, ground the chassis and engine number out, remove the wheels and park it right outside their house!!
Not that I would condone such action, you understand!
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Where do I find more info out and who can help because I'd love to give this bully some bad news!
Hi cuz111
Sorry but you don't have a leg to stand on, usually an unadopted road is a private road shared with the residents within the boundaries of the road, the reason why it is unadopted is probably because the residents wish to keep it private or they can't afford collectively to bring it up to adoption standards, thus the council will not maintain it. The guy has every right to ask you to leave, but no right to do it the way he did, he is a bully who should be brought to task but if you have no witnesses it is pointless to Pursue it any further, might be worth going round to the bully's house and tell him that you do not condone bullying and he had no right to talk to your partner in that way and would he prefer to take issue with you over the incident, my guess is that he will shrink behind his front door and you won't hear from him again, the police cannot do anthing as there was no assault but they could caution him as to his future behavior.
the police cannot do anthing as there was no assault but they could caution him as to his future behavior.
This isn't strictly true, the Police could act over threatening behaviour and if your opponent behaved in a way that lead you to believe you may be harmed then that is an assault.
However, the police won't take any action without witnesses etc, so you're probably onto a bit of a loser I'm afraid.
This isn't strictly true, the Police could act over threatening behaviour and if your opponent behaved in a way that lead you to believe you may be harmed then that is an assault.
However, the police won't take any action without witnesses etc, so you're probably onto a bit of a loser I'm afraid.
The Police could act but they won't to the public, threatening behavior towards an officer of the law and they will haul you in, threatening behavior even in front of witnesses will not usually produce a reaction from the Police other than having a chat with the threatener, which usually works. i know my wife was threatened ON PAIN OF DEATH cops said can't do nowt until attacked but be we will have a word with the threatener. instead her sister attacked my wife, we took her to court and she was found guilty of criminal assault and criminal damage and was ordered to pay compensation for the damage to my wifes gold chain, she did a runner for 5 years but I tracked her down and now she has an attachment of earnings order against her and we get a cheque every month from the courts for the compensation, when we are paid she then pays the fine then the costs.
I used to own a house which had a unadopted road along side, which gave access to a row of houses further down, and the road actually appeared on my deeds. I owned the road, everyone else only had rights of access over it, so the guy might well have the right to ask you to move.
He might be fed up with always getting people parking there to pick up kids from school. But even so, there are ways to do things, and sounds like he is just a bullly, or you caught him on an off day.
Guess we'd all be a bit miffed if someone parked on our drive.
Guess we'd all be a bit miffed if someone parked on our drive.
I had this where we once lived. There was a private road and at the end a private school -so you can imagine the 4x4 chaos at the start and end of the school day.
We often has parents come down the private road and use our drive to turn round. I came home early one day and followed a mother onto my drive - she obviously believed that I was turning as well. You should have seen the look of her face when I got out, locked the car and went into the house.
My wife made me move the car after a few minutes "to avoid confrontation" - me, I would have been quite happy not to move the car until I went to work the following day...
Thats the sort of problem that happens, and in your case they only wanted to turn around, what would you have done if they had been parked ??
There is a very fine line between the ways to combat it. In the OP case, I have sympathy for the 'ranting person', but also think he went about it the wrong way.
Maybe had a bad day!
Suppose you have to extend this opinion to private car parks:o
Are there cases where owners of private car parks have a right to get annoyed and try to stop people using them who shouldn't?
And what methods and remedies should be available to them?
Thanks to all the people who posted on this problem, some good advice but today I was even more inclined to think that this is a legal minefield.
So I went with what my initial feeling was and what xipetotec46 alluded to and went and had it out with him man to man.
Isn't it funny how these bullies are not quite so forthright when confronted with a member of the same sex, you we're bang on xipetotec46 he was shrinking behind his door(spooky eh!).
So I think it's resolved now although I'm still waiting for the police a week later after one phone call and two visits to the station, and they wonder why everyone slags them off.
It doesn't always work but if you want something done...........
We live on an unadopted road with signs informing people and it is illegal to park on the road as its a cycle path and footpath.
Having said that I never tell anyone off for parking on it so long as they don't park across my gateway as I don't own it but have the rights to use it.
But we also have a parking area and garages to the side of our houses and people have parked on that and I have left notices on the windscreens about it and taken their numbers. When they have parked there again I have blocked them in with my car and as another said wife tried to make me move it but I went to bed. Next day it had gone but I don't know how they did it.
I look on this area as you would look at your drive, I own it and park on it. I have never taken any action without firstly and politely letting the person know of their error.
Unadopted roads
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Originally Posted by xipetotec46
