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Fixed Penalty notice 151 unnecessary obstruction


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Hi, we have recently moved into a new property. We have a driveway one the side of the house which leads out on to the road. We have a dropped curb. So do most of our neighbors. along side my house at the end of the street is the only free space for parking as most of the street now has a drive on the front of the houses.

 

At the weekends there can be as many as 6 vehicles either side of the street. At least 4 of these vehicles are work vans this restrict access in and out of my drive there is never enough space to park even on the street. Last weekend my partner left the car half over my drive and half over my neighbors driveway as we could not park the car on the driveway because of the way all the other vehicles had crammed into the available parking spaces. As it was 1 am in the morning he didnt really think it would be a problem but at 9am sunday morning I had a phone call from my previous address telling me that the police had visited the property looking for the owner of the vehicle and had issued a FPN offence 151 . I could understand if my neighbor didn't know who the car belonged to and if we had maybe persistently parked over his driveway but this is the first time we had done it and feel that it is unfair to be penalized for this.

 

The notice does not have my name or my full address on it ?

 

Could someone please help:-)

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It's a shame your neighbour didn't come and have a word rather than calling the police, but now they have there's not a lot you can do about it. Blocking, or partially blocking, someone else's drive is fairly textbook unnecessary obstruction. The fact that you couldn't get into your own driveway wouldn't make it OK - there's no right to park outside your own home, and you had the option of parking somewhere else, and/or asking the police to ticket the vehicles which were obstructing your access to your own driveway. So ticketing you is perhaps harsh, but legitimate.

 

What did the police do with the fixed penalty? Stuck it to your car? Sent it to your new address? Left it at your old address?

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  • 2 weeks later...

If the FPN is attached to the car it doesn't need an address, or even a name. If it's not paid after a set period the police will send a notice to owner to the registered keeper, who can in turn either pay it or request that the matter be dealt with in court instead. As a court appearance can result in a fine of a few hundred pounds, and costs on top, requesting a court hearing is not to be recommended unless you have a solid defence, or unless you're willing to risk a lot of money for a point of principle. Not having anywhere else to park isn't much of a defence, so you're probably best to pay it, move on and not send the neighbour a Christmas card.

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If the FPN is attached to the car it doesn't need an address, or even a name. If it's not paid after a set period the police will send a notice to owner to the registered keeper, who can in turn either pay it or request that the matter be dealt with in court instead. As a court appearance can result in a fine of a few hundred pounds, and costs on top, requesting a court hearing is not to be recommended unless you have a solid defence, or unless you're willing to risk a lot of money for a point of principle. Not having anywhere else to park isn't much of a defence, so you're probably best to pay it, move on and not send the neighbour a Christmas card.

 

Hang on... lets hear the response to MaisyMouse's question first. It could make all the difference.

Please Note

 

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I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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