Neighbour using/limiting access to my parking space

[meeshybob]

Hi all, I'm hoping someone can help me.

 

I purchased a house 5 years ago which as part of the deeds includes a single parking space in an open carpark (of approx 14 spaces).

 

Of these 14, 5 are visitors Spaces and the rest are allocated to the houses in the street.

My neighbour is constantly abusing my space.

 

I rerturn home and often find her with her possessions (from gardening, house clearance, charity shop runs, decorating in her house etc) stacked up in my space.

I often have to sit and wait while she moves it all so I can park in my designated space.

 

This has been going on for several months, and is compounded by the fact that I come home and find her visitors parking in my space (as it is conveniently opposite her house & next to her car).

 

Today they only got out to move the car when I went to leave my car blocking them in.

We have no parking enforcement, management company etc, as all the houses are privately owned (as ar the parking Spaces).

 

I'm just wondering what legal rights do I have to stop her using my space?

Can I actually "threaten" her with anything from a legal standpoint.

 

Apparently the fact I have a number on my parking Space isn't enough to deter her from using it as she feels like it!

 

The irony is the space on the OTHER side of her car is a visitors space and NEVER used by anyone as it's on the opposite side of the carpark to the other 4 so no one realises!

Yet she knows this, and just keeps using mine...

Asking her nicely has failed,

 

today I just scowled and told her to hurry up when her guest moved the car ()

I've given up with being polite and asking nicely

- it seems like every other day when I come home I have to wait for her so I can park up.

 

I'm actually at the point where I'm going to just start parking in the the visitors spaces, but at the end of the day, it's my land???

 

What legal rights do I have?

[renegadeimp]

If theyre part of your actual deeds, and the deeds state the specific location, then put it in writing that she is not to place ANYTHING there, otherwise youll take action for tresspass.

 

HOWEVER, first, you need to check your deeds VERY VERY carefully.

 

If it IS your property, and the deeds confirm it, you could consider installing a retractable bollard.

[meeshybob]

It's 100% in the deeds, as we queried it several times when purchasing the property (because if you don't own the space, other than this car park there's no where else to park). It's 100% specifically noted on the deeds and outlined on the property boundary map.

 

However, I fear putting it in writing will have no effect whatsoever. I've written to her about a seperate matter (involving her feeding my cat & making it sick, asking her to do so, and she has continued to - so the cat is now locked in the house 24/7 as I can't afford the vet bills). When I say the woman is ignorant that would be an understatement.

[BankFodder]

Your action here is fairly simple. You can sue in the tort of nuisance.

 

Nuisance is the wrongful interference with the enjoyment of land.

 

By preventing you having access to your own property – all property over which you have certain rights, and by occupying it from time to time – either her or her friends, she is clearly causing a nuisance.

 

I would start off by making sure that I have a proper detailed log and photographic record. I would try to make sure that this log spanned two or three months at least.

 

After about a month or so I would start writing letters to her so that there is a paper trail as well.

 

If there is no change in her behaviour then you send a letter before action followed by a claim in nuisance.

 

Ultimately you would want an injunction – but this makes the claim a little bit more complicated. I would suggest that initially you simply claim for a modest amount of money, say, £100 to represent the injury suffered as a result of the nuisance suffered so far. on the facts as you have given is here, you have an extremely high chance of success. I can imagine that even if you issue the court papers, that she would immediately change a behaviour but frankly I would pursue it to a judgement anyway and get the hundred pounds plus the court fee so that she knows that the matter is serious.

 

I would then indicate to her that if it continues you will sue her again for a more serious amount and also an injunction.

[ericsbrother]

freehold or commonhold for parking space?

 

 

If freehold you can threaten an injunction if she continues and then she will have to pay you damages every time she parks there or face prison for contempt of court.

 

 

You could post a letter through her door offering a unilateral contract sayung she is more than welcome to use your parking space but the agreed terms are £30 a time and it will be deemed that she has accepted this contract by performance-ie by actually parking there.

 

 

This is a bit like the charge private paring cos levy but as it is your land it is impossible for her to refute if she then parks but you may have to sue to get the money and that means providing evidence such as a photograph.

 

commonhold is a very awkward thing as it is a type of shared freehold or leasehold and defining what is your bit will be tough

[meeshybob]

Your action here is fairly simple. You can sue in the tort of nuisance.

 

Nuisance is the wrongful interference with the enjoyment of land.

 

By preventing you having access to your own property – all property over which you have certain rights, and by occupying it from time to time – either her or her friends, she is clearly causing a nuisance.

 

I would start off by making sure that I have a proper detailed log and photographic record. I would try to make sure that this log spanned two or three months at least.

 

After about a month or so I would start writing letters to her so that there is a paper trail as well.

 

If there is no change in her behaviour then you send a letter before action followed by a claim in nuisance.

 

Ultimately you would want an injunction – but this makes the claim a little bit more complicated. I would suggest that initially you simply claim for a modest amount of money, say, £100 to represent the injury suffered as a result of the nuisance suffered so far. on the facts as you have given is here, you have an extremely high chance of success. I can imagine that even if you issue the court papers, that she would immediately change a behaviour but frankly I would pursue it to a judgement anyway and get the hundred pounds plus the court fee so that she knows that the matter is serious.

 

I would then indicate to her that if it continues you will sue her again for a more serious amount and also an injunction.

 

Thank you! This is what I wanted to figure out if I could actually take any action, as I know the land is covered in my deeds and she has ignored all reasonable requests (verbally and via text message) to stop causing me hassle!

Making a log with evidence will not be hard, given she causes me a problem nearly every other day. Thank you for your advice!

[citizenB]

As for feeding the cat when you have asked her not to - can you prove this? If so, again you would be able to sue for Vetinary bills should they be needed.

[meeshybob]

I've seen it - I come home and I see her open the door and let my cat out, she feeds my cat packets of treats at a time .

 

 

I could video it it I was sneaky or something... but she doesn't deny it!

 

 

She doesn't own a cat yet buys cat food for mine & another neighbours cat.

 

 

I've stopped letting the cat out now. she's now a miserable house cat.

[ericsbrother]

you will need photographic evidence, lot just a log. The log will indicate the frequency rather than prove it actually happens.

[meeshybob]

you will need photographic evidence, lot just a log. The log will indicate the frequency rather than prove it actually happens.

 

Photographic evidence won't be hard, nearly every day I come home and find stuff in my space or a car that's oneof her parents or friends in it! I'll probably run out of memory on my phone in a week!

[ericsbrother]

You can chuck anything left there in her bin (or back onto her property) What you cant do is keep it, sell it or wilfully damage it.

[meeshybob]

Oh no she moves it..

. while I sit idly in the car as she moves hoovers, bags of grass clippings, bags of tat etc that she was loading/unloading from her car/house.

 

 

Or I wait for her to get her friends or family to move their cars while again I wait..

. It's just frustrating as after 12+ hours out of the house on some days I just want to park my car and get into the house.

 

 

Or If I'm coming home to get changed to go out again, or on a lunch break.

 

 

Who wants to waste 10+ minutes waiting every time they come home?

[BankFodder]

The lease et cetera will be important in establishing your rights to the property and your right to enjoy it.

 

However, your action will definitely be in nuisance.

 

So far as the cat is concerned, you might as well chuck that in as well. Document how she has kept on feeding the cat despite your written request that she should stop. Document how you are now obliged to keep the cat indoors.

 

If I were you I would complain to the RSPCA as well. They have some kind of cruelty line. Even if they take no action, get the complaint logged because it would be useful as part of your court case.

 

When you're ready to issue proceedings then come back here and we will help you.

 

Read about bringing a County Court claim. It's really quite straightforward. Register with the MoneyClaim website and start getting familiar with it. You can even prepare your claim in advance and save it down until you're ready to fire it off.

 

Be aware that if you end up having to have a hearing, then there will be a hearing fee and this could be about £300 although you will be able to recover that from your neighbour on the basis that you win.

 

Your neighbour may well want to cease the behaviour once you receive the court papers. However I think that in a case like this you need to put the whole thing beyond doubt and that means that you pursue her in the County Court whatever she does in order to get the judgement against her.

 

That will come in very handy if she then starts again and you have to issue proceedings again.

[king12345]

I installed bollards on a property with the exact same problem.

£50 each on eBay and 10 minutes fitting them.

Car Problem solved.

With regards to the rubbish she leaves there, pile it up against her front door and she'll soon stop.

[meeshybob]

I have considered a metal post to stop the other cars parking there (as a few weeks ago someone not connected to her parked in my space that I had to shout at from my car to move his

- he saw me pulling in and thought a fast walk to the neighbouring street would mean I didn't challenge him!)

 

The rubbish isn't rubbish she is just constantly loading & unloading her car in my space.

 

 

the other day she had 3 hoovers, a microwave box, a couple of bags etc.

 

 

She was failing to load it into her car and it was all strewn across my space so I had to wait while she put it all on the path so I could drive into my space.

[ericsbrother]

Ok go for the contract shoved through her letter box telling her that every time she can use your space but each event will cost her £30 and by continuing to use your space she has agreed to this charge.

[king12345]

Sounds a bit like a parking eye contract.

Would it be enforceable?

[BazzaS]

Is the OP the landowner? Would parking there be lawful and permitted?

 

Where parking eye fall down (or at least one of the places they fall down, and the relevant difference here!) is : can the OP offer a valid contract that the other person accepts by parking there (& not parking unlawfully!)

[renegadeimp]

Nope. Not at all. Plus all money would have to be declared to the taxman if it was.

[dx100uk]

post 5 needs reading then answering

it does work. of the land is not commonhold

[ericsbrother]

of course it is if the OP owns the land. This is something we are uncertain of currently as a shared freehold or commonhold would cause some problems in this respect.

Sounds a bit like a parking eye contract.

Would it be enforceable?

[ThedaBara]

Perhaps you could throw in harassment as well.... I'd be inclined to call the police every time you have a trespasser. Three strikes and she's out. Put a notice up "Trespassers Will Be Prosecuted".

 

TB

[renegadeimp]

Police wouldnt attend unless theres a breach of the peace. Its a civil act.

[ericsbrother]

trespassers cant be prosecuted, they can only be sued for damages by the landowner unless a byelaw says different.

Perhaps you could throw in harassment as well.... I'd be inclined to call the police every time you have a trespasser. Three strikes and she's out. Put a notice up "Trespassers Will Be Prosecuted".

 

TB

[BazzaS]

trespassers cant be prosecuted, they can only be sued for damages by the landowner unless a byelaw says different.

 

It used to be that "Trespassers will be prosecuted" showed the lack of knowledge of the poster of the sign, as trespass was a civil, not a criminal, wrong. The sign might have been valid in other jurisdictions (such as the USA) but not the UK.

 

Things change.

 

Trespass can (in some circumstances, and even without a byelaw) be prosecuted.

Squatting in a residential building, trespass in a foreign diplomatic mission, and aggravated trespass are examples of prosecutable trespass.

http://www.cps.gov.uk/legal/s_to_u/trespass_and_nuisance_on_land/