Neighbour Boxing my car in

HelterSkelter

Hi, looking for some advice here. My neighbour is acting like a tool and parking so close so that I am boxed in between him and another car. I have been onto the Guards about this. They called into the neighbour, warned him not to do it again and said they will give him a ticket for parking on the footpath next time he does it (all cars on the road park on the footpath as the road is so small). He done it again on Friday, I called the cops (after asking the neighbour to move) but they never came. I had to leave the car at home and get a taxi in the end.

I have tried searching www.irishstatutebook.ie looking for something with regard to obstructing another vehicle but can't find anything. Does anybody know of such a law?

I have read the charter and I acknowledge any advice I receive is the purely the posters opinion and I will not regard it as legal advice.

Thanks.

Eru

The road is a public place and as a result you have no claim over any section for parking your car. The Gardai did their best but this is not a criminal matter for the Gardai to investigate and as you yourself admit all the cars park on the path so tehy would have to ticket everyone.

have you spoken with him? Is there a reason for himi acting like an asshole or is parking space limited?

I know where I live 1 neighbour has 6 cars and parks outside my house all the time. It pisses me off because theres no where for my guests to park but theres sweet FA can be done.

LundiMardi

HelterSkelter wrote:

Hi, looking for some advice here. My neighbour is acting like a tool and parking so close so that I am boxed in between him and another car. I have been onto the Guards about this. They called into the neighbour, warned him not to do it again and said they will give him a ticket for parking on the footpath next time he does it (all cars on the road park on the footpath as the road is so small). He done it again on Friday, I called the cops (after asking the neighbour to move) but they never came. I had to leave the car at home and get a taxi in the end.

I have tried searching www.irishstatutebook.ie looking for something with regard to obstructing another vehicle but can't find anything. Does anybody know of such a law?

I have read the charter and I acknowledge any advice I receive is the purely the posters opinion and I will not regard it as legal advice.

Thanks.

Don't park so close to your other neighbours car, that way you'll have enough room to pull out regardless of this other fella.

HelterSkelter

Karlitosway1978 wrote:

The road is a public place and as a result you have no claim over any section for parking your car.

I am not claiming any section. This neighbour parks bumper to bumper and as a result I can't get my car out.

HelterSkelter

LundiMardi wrote:

Don't park so close to your other neighbours car, that way you'll have enough room to pull out regardless of this other fella.

There is space for two cars to park between our driveway and theirs. The two cars have to park bumper to bumper so that neither driveway is blocked. When I am one of these two cars on the side nearer to my neighbours driveway he parks outside his driveway (leaving his driveway empty) behind my car right up to my bumper so I am totally boxed in.

I view it as harassement. I have been told a few things through the grapevine as to why he is doing this, confronted him about it about 6 months ago (yes this is how long it is going on) and he denyed it.

Eru

Helter I sympathise but its not harassment and its not illegal.

Your story seems to be a bit confused however, your saying that theres room fro 2 cars between driveways but if theres only room for 2 cars how are you getting boxed in between 2 cars? This would make 3 cars parked bumper to bumper.

Are you parking outside his house because there are 3+ cars in your household? Is he boxing you in by parking behind you in front of his own driveway?

EducatedGuess

I am beginning to think people giving 'advice' on this forum are purely members of the formalist movement of jurisprudence. Not all your answers are in the statute books, we do have a common law system here, and precedent is very important. If this is not a matter for the Gardai, they would never even have turned up. I understand that the road and footpath are public, but under local council bye laws, especially Dublin City Council, everyperson has the right to access their own driveway [hence planning permission for ramp] and have the to right park outside their property. It is only against the law to park on the path outside a residence on a 'normal estate' off main roads etc, if it is causing an obstruction to public esp. if a person in a wheelchair, a person with a pram, a blind person etc, would find difficulty in passing. The gardai get involved because of your complaint of an obstruction preventing you from enjoying [using] your private property [car], this is basic constitutional law. And finally it is a drivers responsiblity to park in a position that would be deemed that it is not causinging a nuisance/obstruction to other drivers or the public. Hope this helps, all of above posts are accurate in theory.

HelterSkelter

Karlitosway1978 wrote:

Are you parking outside his house because there are 3+ cars in your household? Is he boxing you in by parking behind you in front of his own driveway?

Exactly, 3 cars in our house and I'm parking in the space outside his house (not blocking his driveway). He is parking on front of his driveway right behind me. He can easily leave a few feet so I can get out.

HelterSkelter

EducatedGuess wrote:

...I understand that the road and footpath are public, but under local council bye laws, especially Dublin City Council, everyperson has the right to access their own driveway [hence planning permission for ramp] and have the to right park outside their property. It is only against the law to park on the path outside a residence on a 'normal estate' off main roads etc, if it is causing an obstruction to public esp. if a person in a wheelchair, a person with a pram, a blind person etc, would find difficulty in passing.

The Guards said that everyone on the road is breaking the law by parking on the path but they turn a blind eye to it bacause they know there is nowhere else for the cars to park. It's a very small road!

EducatedGuess wrote:

The gardai get involved because of your complaint of an obstruction preventing you from enjoying [using] your private property [car], this is basic constitutional law. And finally it is a drivers responsiblity to park in a position that would be deemed that it is not causinging a nuisance/obstruction to other drivers or the public. Hope this helps, all of above posts are accurate in theory.

Do you have any link for this? I asked the guards about this but they seemed unsure if there was a law covering it. The Guard I spoke to said she thinks there is a law covering obstruction and she would ticket my neighbour using this law if he did it again.

Bluetonic

Whats stopping you:

(a) parking two of the cars in the drive nose to nose and the other one outside your house?

(b) when your neighbour blocks you in, parking one of the other two cars nose to nose/tail against him, making him piggy in the middle.

EducatedGuess

If the cars are fully on the path, I can understand the problem, contact your local authority [public nuisance] if they have a seperate department, its like the noise pollution section, although can be dealt with by the Gardai to calm the noise of a party etc, but if it is recurrent its a matter for the council. The private property is Constitutional, Article 43.

delly

While its crazy him blocking you in, I would hate to have somebody parked outside my house everyday. It would mean no space for a second car or anybody visiting to park. In fairness you have 3 cars, is there no where else that the third car could park?

p.pete

Park badly.
If you park the nose at an angle of thirty to fourty-five degrees to the road then maybe it'd make it easier to get out / harder to block you in? Obviously it'll depend on how wide the road is, you don't want to leave an excuse to get bumped...

hullaballoo

michaelanthony wrote:

...

Not in this forum please. I won't have any of that sort of thing cropping up in here; it's not appropriate to this forum and contributes nothing.

HelterSkelter

delly wrote:

While its crazy him blocking you in, I would hate to have somebody parked outside my house everyday. It would mean no space for a second car or anybody visiting to park. In fairness you have 3 cars, is there no where else that the third car could park?

Are you saying that you think people should be able to reserve a space outside their house purely in case a friend/relative decides to visit them?? Nobody owns the space outside their house and anybody can park there once they are not blocking the driveway.

I only park ourside their house if I have to. I will park outside our driveway if my parents are not going out in their car which is parked in the driveway. It is a small road with a lot of cars and there are no other spaces.

Another thing this person does is to park in such a way that they take up the two spaces between our houses while leaving their driveway empty. Then we have nowhere to park. There is one car in their household and in this instance they are taking up 4 spaces (including the space in their driveway and outside their driveway)

tabatha

Karlitosway1978 wrote:

The road is a public place and as a result you have no claim over any section for parking your car. The Gardai did their best but this is not a criminal matter for the Gardai to investigate and as you yourself admit all the cars park on the path so tehy would have to ticket everyone.

have you spoken with him? Is there a reason for himi acting like an asshole or is parking space limited?

I know where I live 1 neighbour has 6 cars and parks outside my house all the time. It pisses me off because theres no where for my guests to park but theres sweet FA can be done.

i dont think that this is the case. he is parking on the footpath. that is different. i know that the road is a public place and there is nothing that can be done in this circumstance but the path is a different matter.

hullaballoo

There should be an easement here that would mean that there would have to be some space for you to park your car on the road outside your house. It would probably depend on whether the courts took the view that it was sufficient for you to have enough room on the road in general i.e. that you can park properly on some part of the road.

Otherwise, there might be something in Tort in terms of nuisance?

It's all handbags really. I reckon there should be some explicit legislation introduced to allow neighbours to take cases against each other where there is harassment.

HelterSkelter

a little drawing to explain better. All cars are parked with two wheels on footpath, two on the road.

Raiser

Wow, I would be apoplectic with foggy eyed rage if anyone did that to me. You paid for a (or 3?) motor vehicle(s) in Ireland so are handing money over hand over fist in punitive taxes at an alarming rate and then some wife-beater with [in all probability - but just my opinion] gravy stains on his urine-stained vest boxes you in [seemingly on a regular basis] and you need to pay for a cab to get from A to B ???

What if somebody was seriously ill in the house and needed urgent hospital treatment? What if you had a job interview? What if you were taxing and insuring a car and needed a to drive to the shop for a pint of milk ? Surely there is a case for some sort of a constructive legal challenge on this smalltime chromosome deficient ape.

tabatha

i dont get this either

jhegarty

HelterSkelter wrote:

a little drawing to explain better. All cars are parked with two wheels on footpath, two on the road.

can you not park further forward.. might block his drive way... but thats life....

delly

HelterSkelter wrote:

Are you saying that you think people should be able to reserve a space outside their house purely in case a friend/relative decides to visit them?? Nobody owns the space outside their house and anybody can park there once they are not blocking the driveway.

I only park ourside their house if I have to. I will park outside our driveway if my parents are not going out in their car which is parked in the driveway. It is a small road with a lot of cars and there are no other spaces.

Another thing this person does is to park in such a way that they take up the two spaces between our houses while leaving their driveway empty. Then we have nowhere to park. There is one car in their household and in this instance they are taking up 4 spaces (including the space in their driveway and outside their driveway)

Sorry, i didn't mean to come off as you have took it. I'm simply saying that most people would prefer not to have a car outside there house, and even more so one that belongs to a household with 3 cars. I don't know the circumstances of how often you park there etc., but people can be territorial about the space outside there house.

Anyhow i'm not offering an legal advice here, so i shall cease and desist.

HelterSkelter

jhegarty wrote:

can you not park further forward.. might block his drive way... but thats life....

If I block his driveway I am breaking the law

BigCon

Let me get this straight - he parks right behind you even though his driveway is empty?
If that's the case then I don't know how you're keeping calm about it.
What happens when you need to get out? If there was an emergency?
You need to put an end to this now.
I'd tell him politely not to do it again as you need access to your car and you will try to manouver it out regardless of who's in front or behind you...

tabatha

did u try asking him why he doesnt park in the driveway?

Jumpy

Contact the same Gard who came out in the first place, all gardai are different and some will thisnk this is silly. She obviously was on your side and warned him not to do it again. She will proabably be the best to talk to.

Also can you not get photo evidence over a few weeks, record a conversation with him asking him not to do it, and if it continues attempt to get him charged for harrassment?

Noelie

Why don't you move the car that is parked infront of you?

if it is either your Brothers or a guests all you have to do is pop back into the house get their keys move the car and get yours out!

HelterSkelter

tabatha wrote:

did u try asking him why he doesnt park in the driveway?

Yeah, he said he will park wherever he likes!

HelterSkelter

Noelie wrote:

Why don't you move the car that is parked infront of you?

if it is either your Brothers or a guests all you have to do is pop back into the house get their keys move the car and get yours out!

I have done that before but the point is he shouldn't be blocking me in. Anyway sometimes the car parked on front of me is not owned by us or any neighbours. A lot of people park in our estate rather than paying car parking fees.

HelterSkelter

Jumpy wrote:

Contact the same Gard who came out in the first place, all gardai are different and some will thisnk this is silly. She obviously was on your side and warned him not to do it again. She will proabably be the best to talk to.

Also can you not get photo evidence over a few weeks, record a conversation with him asking him not to do it, and if it continues attempt to get him charged for harrassment?

Yeah, gonna call down to the station next time she is on.

I have photo evidence already. AFAIK you cannot use a recorded conversation in a court case if you have not informed the person you are recording them. However it would be useful to prove to the grauds what an arsehole the neighbour really is.

HelterSkelter

BigCon wrote:

Let me get this straight - he parks right behind you even though his driveway is empty?

Exactly!

BigCon wrote:

If that's the case then I don't know how you're keeping calm about it.
What happens when you need to get out? If there was an emergency?
You need to put an end to this now.
I'd tell him politely not to do it again as you need access to your car and you will try to manouver it out regardless of who's in front or behind you...

Believe me it is taking all my will power not to go out and smash him or his car (or both) up!!

Eru

Let me get this straight, you own 3 cars. He owns 1.

you park in your driveway, in front of your house and in front of his house. He parks in front of his driveway.

And hes the asshole????? :rolleyes:

He has just as much right to park there as you do, what if he had 2 cars, what then????

As said, not all Gardai are the same, this one is telling you to grow up, respect your neighbour has equal rights to the exact same space as you and go buy your own f****** house then see how you like some snotty little kid parking all over the place leaving no room for your friends or family.

kermitdfrog

Some people clearly either dont read posts properly or just jump in with pre-conceived opinions.

Let me get this straight, you own 3 cars. He owns 1.

you park in your driveway, in front of your house and in front of his house. He parks in front of his driveway.

You either didnt read the posts right, or didnt look at the (suprisingly useful!) drawing. The main point is outlined in the first line - the neighbour doesnt need the space outside his house, which he doesnt own or have any right to. If he required it then it'd be another story, but he doesnt - he is malicioulsy boxing-in the OP rather than using his own driveway.

He has just as much right to park there as you do, what if he had 2 cars, what then????

Of course he does! But he's not parkign there! He's parking BESIDE that area, blocking in the OP.

As said, not all Gardai are the same, this one is telling you to grow up, respect your neighbour has equal rights to the exact same space as you and go buy your own f****** house then see how you like some snotty little kid parking all over the place leaving no room for your friends or family.

Helpful.... :rolleyes:

To be honest OP, I would be majorly pissed off I was you, but at the same time I completely understand your neighbours frustration. I have been in a similar situation (where I was the neighbour), and while I would never have gone to the lengths he has, I found it very annoying that some people like yourself just take over the whole street.
We now have three cars, and rather than take up space outside others house (and there is space where we could), we expanded our driveway to take two cars. So you would have one car outside your house, two in the driveway, no hassle. Surely that would the best, most considerate and most considered, solution? Why should you be allowed take over the whole road?

Equally though, what he's doing is being a complete asshole - I understand his frustration, but, frankly, tough **** to him. I've no solution to that problem I'm afraid, other than the obvious - sit down with him and sort out whatever other stuff has prompted this. You allude to other stuff without ever mentioning it, which makes it obvious that there is more to this than simple parking. Perhaps you are not as white-as-the-driven-snow as you make out in all this?

seamus

Put your vehicle in reverse. Gently move up to his car until you feel the bumpers touch. Now give yourself a little throttle, and slowly bring up the clutch, until you feel both vehicles start to move. Continue until you have sufficient space to pull out going forwards.

The first couple of times you do this, you may want to take photos after doing it to show that there's no damage caused by your vehicle. It's not illegal to move someone else's car out of your way.

Eru

seamus wrote:

It's not illegal to move someone else's car out of your way.

Only if they are blocking private property.

DO NOT DO THIS, you will cause damage and you have no lawful right to interefere in any way with another persons vehicle when in a public place unless they are blocking your private property such as parking in the way of your driveway.

Kermit,
I am well aware of the fact that the neighbour doesnt need to park outside, I was pointing out that he has equal right to do so and to complain because you feel you have some sort of greater right to park everywhere is lame and selfish.

zAbbo

What would happen if he had 2 cars ?

If it was me, I'd be pretty annoyed about the guy next door, with his 3 cars, taking up all the space. Just because he has a drive doesn't mean he has to use it.

Park your two cars on the drive, and the other on the footpath.

Would you be upset if he parked in front of your house?

Victor

Do not box other people in.

HelterSkelter wrote:

I have done that before but the point is he shouldn't be blocking me in. Anyway sometimes the car parked on front of me is not owned by us or any neighbours. A lot of people park in our estate rather than paying car parking fees.

Then ask you council to introduce a Pay & Display and Resident's Permit Parking scheme.

And get a second driveway. That way you can have two (three?) cars in the driveway and nobody can park in front of that space, thereby reserving it for you.

People who post threads like this really do need to grow up (there have been 3-4 over the last 6 months).

hullaballoo

I don't think there's any need for that thanks Victor. In fact, I'd like it if you could provide some examples of other threads where you think the poster should "grow up". That is very close to personal abuse, and I don't wish this forum to descend into that type of thing. Cheers, hullaballoo.

hargo

You are not blocked in according to your own sketch as you have control of the other cars in your household and if the one behind move back a bit you can get out.

HelterSkelter

hargo wrote:

You are not blocked in according to your own sketch as you have control of the other cars in your household and if the one behind move back a bit you can get out.

As I said already in a previous post it is not always a member of my family or anyone I even know who has parked the other car on front of me. It is often someone who just parked in the area in order to avoid paying car park fees or because the car park is full.

HelterSkelter

Victor wrote:

Then ask you council to introduce a Pay & Display and Resident's Permit Parking scheme.

That would be even worse, we would only fit half the number of cars on the road as we could not park on the footpath anymore

Victor wrote:

And get a second driveway. That way you can have two (three?) cars in the driveway and nobody can park in front of that space, thereby reserving it for you.

That's an option I suppose, but a bit drastic when my neighbour can just park 2 foot further back at no inconvience to himself.

Victor wrote:

People who post threads like this really do need to grow up (there have been 3-4 over the last 6 months).

Need to grow up? Are you referring to me? Care to elaborate?

HelterSkelter

Karlitosway1978 wrote:

Let me get this straight, you own 3 cars. He owns 1.

you park in your driveway, in front of your house and in front of his house. He parks in front of his driveway.

And hes the asshole????? :rolleyes:

He has just as much right to park there as you do, what if he had 2 cars, what then????

Why don't you try actually reading my post then you would have no problem getting it straight

Karlitosway1978 wrote:

As said, not all Gardai are the same, this one is telling you to grow up

Erm, no, that is not the Guards opinion at all, in fact her opinion is the total opposite.

Karlitosway1978 wrote:

respect your neighbour has equal rights to the exact same space as you and go buy your own f****** house then see how you like some snotty little kid parking all over the place leaving no room for your friends or family.

:rolleyes: That is not the issue at all. Try putting your brain into gear before you post again

mountainyman

Please don't be rude.

I am not offering you legal advice, legal advice is something you pay for and this has stopped being hypothetical.

However:

If a complainant can think of a way to solve a particular problem in nuisance Then the court may enforce such a request especially if it does not involve any hardship for the respondent.

The neighbour would be interfering with the use and enjoyment of the person whose car is being blocked in’s property and as such a remedy may be available. If there were plenty of spaces available and the neighbour was deliberately ‘blocking in’ I would suggest that a remedy would be available in nuisance.

Is this the case here. It sounds like the area is crowded. Why does the neighbour ‘blocking in’ not use his driveway? Does the complainant have a driveway? Is there designated parking?

What would the solution be, If a solution can be found it can be enforced.
I don't know if a court would back you.

NON HYPOTHETICAL
Why are you pissed off with your neighbour and not the parking fee dodgers? On my estate we have signs 'resident's parking only' and they work OK.
I don't think you are in the right but if you can think of a fair solution it might be possible to get an injunctiont.

MM

gilroyb

If you push for a legal response, then even if your neighbour returns his car to his driveway he may well get you done for parking on the path. You say that you have to park on the path because the road isn't wide enough, that means you don't park there, not that you should break the law to park there.

Victor

hullaballoo wrote:

I don't think there's any need for that thanks Victor. In fact, I'd like it if you could provide some examples of other threads where you think the poster should "grow up". That is very close to personal abuse, and I don't wish this forum to descend into that type of thing. Cheers, hullaballoo.

It is not abuse. It is merely pointing out the "me, me, me" attitude of this and similar threads.

Bear with me and I will find some more.

http://www.boards.ie/vbulletin/showthread.php?t=2054892346&highlight=parking
http://www.boards.ie/vbulletin/showthread.php?t=199358&highlight=parking

Raiser

Karlitosway1978 seems to have either not read any of the posts, or alternatively have severe comprehension problems.

Victor will you please tell me what ba$tard is holding you down in your faux-leather swivel chair and forcing you to read this thread? The problem is not "me, me, me" as you say - its you Victor.

Also just about everyone else seems to be missing the point here - this thread is not about suggesting (despite your good intentions) this solution or that. The point is that this neighbour has a grudge for some unknown reason and is being calculatedly malicious.

For this reason any solution that is adopted by the OP will more than likely be countered by this neighbourhood cretin.

HelterSkelter

Victor wrote:

It is not abuse. It is merely pointing out the "me, me, me" attitude of this and similar threads.

Bear with me and I will find some more.

http://www.boards.ie/vbulletin/showthread.php?t=2054892346&highlight=parking
http://www.boards.ie/vbulletin/showthread.php?t=199358&highlight=parking

I am asking people's opinion on whether they think I am being harassed or not and if there is some kind of law covering this as the Guards seem unsure of it.

Anyway Victor, you are not exactly an amazing contributor to boards. I don't know why you feel the need to repost every news article you find interesting to boards. This is not Sky News.

Eru

Raiser wrote:

Karlitosway1978 seems to have either not read any of the posts, or alternatively have severe comprehension problems.

I understand perfectly, this guy is parking in front of his neighbours house as his parnts are parking in front of his own house and his driveway. the neighbour is pissed because friends or relatives or the bloody pizza boy has nowhere to park when they call over to him. As a result he is blocking this guy in in order to get him to stop taking up the entire parking space.

I see perfectly what this is about. In response I am telling him that the neighbour has a perfect right to park in front of his own house or driveway if he sees fit to do so. My question is why does the OP think he has any claim to decide where the neighbour parks? If the neighbour took the OP's space in front of the house what then? May I also ask how old the OP is and what business he is in?

HelterSkelter wrote:

Erm, no, that is not the Guards opinion at all, in fact her opinion is the total opposite.

I am a Garda you clown, when I stated "THis guard" I was refering to myself. Now who cannot read posts?

HelterSkelter wrote:

I am asking people's opinion on whether they think I am being harassed or not and if there is some kind of law covering this as the Guards seem unsure of it..

I have told you at least 3 times now. Dont keep asking the same question in the hope that you will get the answer you want, it does not exist!

Heinrich

How about this?

BaZmO*

kermitdfrog wrote:

To be honest OP, I would be majorly pissed off I was you, but at the same time I completely understand your neighbours frustration. I have been in a similar situation (where I was the neighbour), and while I would never have gone to the lengths he has, I found it very annoying that some people like yourself just take over the whole street.
We now have three cars, and rather than take up space outside others house (and there is space where we could), we expanded our driveway to take two cars. So you would have one car outside your house, two in the driveway, no hassle. Surely that would the best, most considerate and most considered, solution? Why should you be allowed take over the whole road?

Equally though, what he's doing is being a complete asshole - I understand his frustration, but, frankly, tough **** to him. I've no solution to that problem I'm afraid, other than the obvious - sit down with him and sort out whatever other stuff has prompted this. You allude to other stuff without ever mentioning it, which makes it obvious that there is more to this than simple parking. Perhaps you are not as white-as-the-driven-snow as you make out in all this?

Finally!!! Someone talking sense.

HelterSkelter wrote:

I have been told a few things through the grapevine as to why he is doing this, confronted him about it about 6 months ago (yes this is how long it is going on) and he denyed it.

It's very hard to comment on your predicament while thinking about this little nugget of imformation. Granted, your neighbour does sound like he's being an áss, but what's that old saying about there being 3 sides to every story?!?

BaZmO*

Karlitosway1978 wrote:

the neighbour is pissed because friends or relatives or the bloody pizza boy has nowhere to park when they call over to him. As a result he is blocking this guy in in order to get him to stop taking up the entire parking space.

How do you know this?

Karlitosway1978 wrote:

May I also ask how old the OP is and what business he is in?

What on earth has that got to do with anything?