Car parked across driveway: can it be forcible moved?

deandean

Dipping in here from the Motors forum, is there any advice on the following situation:

A car parks across my private driveway. It is blocking me in. I need to get to work. Am I entitled to move the offending car using whatever means are necessary, e.g. if that was to mean breaking a window so the handbrake can be released allowing the car to be pushed out of the way?

And would the same thinking apply if I was to return home and find the driveway blocked?

Thanks in advance for any comments!

Reloc8

Its an offence to park obstructing a premises without the consent of the owner (Parking Regs 1997, S. 35 RTA 1994).

That said you can't damage the vehicle without say an emergency of some kind.

If blocked in, notify police and ask for it to be towed. Meanwhile get bus to work probably.

If blocked out, notify police. Park elsewhere pending removal.

Yes the cops have better things to be doing than dealing with this kind of stupid behaviour, but you don't have an option really.

MagicSean

Do you know who owns it?

deandean

Owner not known, car left there for hours (this is not a current situation BTW, it is from another thread that went off-topic).

Del2005

There's no need to damage a car to move it. If there are enough people available it can be bounced nearly anywhere, it can be done with 2 but more bodies makes it easier. Otherwise a trolley jack, or better 2, can be used to move it.

Neither of these methods damage the car so there's no come back from the owner.

Where it's left afterwards is ........

markflynn

Hey, I have a similar problem. The same car constantly either parks in front of my driveway or actually in my driveway. I can never figure out who owns it. I've left notes, they obviously don't care. I've called the gardai they haven't done anything about it. I can't park anywhere else without paying as its pay and display on my road. Been going on for weeks, is there anything I can do? Besides vandalise the car which I won't do but am awfully tempted. Please HELP!!!!

doolox

...If you can enlist the services of a clamping company.

Procrastastudy

Jack it up and leave it on bricks...

Jake Rugby Walrus666

Trolley Jack and Skates and move.

Procrastastudy

Jake Rugby Walrus666 wrote: »

Trolley Jack and Skates and move.

I love it! Move it a good 800 yards!

the_syco

markflynn wrote: »

or actually in my driveway

Hypothetically speaking, does the owner of the car have any come back if you installed one of these in your driveway;



and after the car was parked in your driveway, you locked the post into the ground?

And then went on holidays?

markflynn

I've gotten onto Dublin Street Parking Services aka The Clampers several times but they never show. Only a couple of times has he parked in my driveway, normally its in front, completely obstructing the driveway so I can't get in, also I'm renting so probably can't install that lock post but I would love to do that and make him/her have to come talk to me to let them out (for a large fee). The Trolley Jack and Skates seems the best idea, put his car in the middle of the road! Although the cost and manpower of this is annoying seeing has I should be able to park at my own home yet there doesn't seem to be any legislation or higher power that can stop this inconsiderate jerk from ruining my every other day when I get home from work

Ken.

Get on to your landlord about it and make sure its not someone known to him. If not ask him to remove the rubbish from your drive.

seamus

Obvious solution is to block him in, park nose to nose with him in your driveway.

Then go to the pub.

PeterStrauss The Second

If you had a sign saying trespassers will be clamped could you apply your own clamp and then charge a removal fee?

Reloc8

markflynn wrote: »

Hey, I have a similar problem. The same car constantly either parks in front of my driveway or actually in my driveway. I can never figure out who owns it. I've left notes, they obviously don't care. I've called the gardai they haven't done anything about it. I can't park anywhere else without paying as its pay and display on my road. Been going on for weeks, is there anything I can do? Besides vandalise the car which I won't do but am awfully tempted. Please HELP!!!!

Do you actually own the driveway outright ?

It sounds excessive but if so your option - being that you say gardai take no interest in your complaint - is to threaten and bring an injunction against the driver of the vehicle in respect of trespass on your property. Take the reg number and go to a solicitor to discuss that.

I have to say I'm quite surprised that the gardai decline to do anything. It would be the easiest thing in the world for them to pop around and stick a ticket on the car, whether it is on your driveway or simply blocking access to it. Have you tried going down to the local station and asking to talk about the problem with someone face to face, equipped with pictures of the car in situ ?

the_syco wrote: »

Hypothetically speaking, does the owner of the car have any come back if you installed one of these in your driveway;



and after the car was parked in your driveway, you locked the post into the ground?

And then went on holidays?

Not entirely straightforward and would come down to whether proper notice had been given of the intent to do this - but if notice given then it would be difficult or impossible for the owner of the car blocked in to make a legal complaint.

listermint

one solution is to remove all the wheels off the car and leave it on bricks. Then when the person comes they cant just drive off so they will have to call a recovery vehicle to assist. Then come out with the tyres and tell them you caught someone stealing them but here they are you can take them.

You can also confront them there and then about parking on the drive.

2rkehij30qtza5

Reloc8 wrote: »

Do you actually own the driveway outright ?

It sounds excessive but if so your option - being that you say gardai take no interest in your complaint - is to threaten and bring an injunction against the driver of the vehicle in respect of trespass on your property. Take the reg number and go to a solicitor to discuss that.

I have to say I'm quite surprised that the gardai decline to do anything. It would be the easiest thing in the world for them to pop around and stick a ticket on the car, whether it is on your driveway or simply blocking access to it. Have you tried going down to the local station and asking to talk about the problem with someone face to face, equipped with pictures of the car in situ ?



Not entirely straightforward and would come down to whether proper notice had been given of the intent to do this - but if notice given then it would be difficult or impossible for the owner of the car blocked in to make a legal complaint.

OP this person has given you good advice

Victor

The best option would be to close and lock the gate.

senordingdong

Victor wrote: »

The best option would be to close and lock the gate.

Yes, but he said that sometimes this person just parks infront of the driveway.

I'm surprised the Gardaí have not done anything. A friend of mine had a car towed under orders of the Gardaí for the exact same thing. I think you should just go to the Gardaí and make more noise.

Do not vandalise the car. No matter how tempting that is, you are the obvious culprit and would be going down a very ropey road.

PeterStrauss The Second wrote:

If you had a sign saying trespassers will be clamped could you apply your own clamp and then charge a removal fee?

As it happens, you most certainly can. Private clamping is not legislated for in this country and no licenses etc... are required to carry it out. You can buy clamps online and if the car is on your property, than it's trespassing.

jameshayes

Personally, I would buy one of these; http://www.ebay.co.uk/itm/Real-Time-Portable-Personal-GPS-Tracker-GSM-GPRS-Car-Pet-Tracking-Device-2012-UK-/270993661781?pt=UK_In_Car_Technology&hash=item3f187b1f55

Stick it to the bottom of the car, track it to the home and park my car blocking his so when he gets up in the morning he will know how it feels.

Procrastastudy

jameshayes wrote: »

Personally, I would buy one of these; http://www.ebay.co.uk/itm/Real-Time-Portable-Personal-GPS-Tracker-GSM-GPRS-Car-Pet-Tracking-Device-2012-UK-/270993661781?pt=UK_In_Car_Technology&hash=item3f187b1f55

Stick it to the bottom of the car, track it to the home and park my car blocking his so when he gets up in the morning he will know how it feels.

Did you enjoy season 4 of breaking bad? NO SPOILERS I'm still watching it!

Pat Mustard

jameshayes wrote: »

Personally, I would buy one of these; http://www.ebay.co.uk/itm/Real-Time-Portable-Personal-GPS-Tracker-GSM-GPRS-Car-Pet-Tracking-Device-2012-UK-/270993661781?pt=UK_In_Car_Technology&hash=item3f187b1f55

Stick it to the bottom of the car, track it to the home and park my car blocking his so when he gets up in the morning he will know how it feels.

No flies on you, Hank!

I would also have a motor vehicle search carried out, either by Gardai or by solicitor (via local authority) to find this guy's registered details, to include his address. It is as well to be aware that complaints of obtaining information by unfair means can be followed up by the Data Protection Commissioner.

If you are not getting the desired response from the Gardai so far, then write a written complaint to the Superintendent about the offending vehicle. During office hours, the local authority should be able to assist by towing the offending vehicle, if it is on the public road/footpath.

Another sensible thing to do would be to send the guy a solicitor's letter.

It might be unwise to call to the guy and confront him directly.

But if I was in your situation OP, by now I would be very cross indeed...