27 Mar 2008, 21:03
Hi All,
Please read this, it may save you from the same fate that befell me; and as they say truth is stranger than fiction.
It all began last November when I went out for an hour to get one of my cars MOT’d. Upon return to my modest home in a small usually quiet village, I found an “abandoned 10 year old 306” parked on my driveway at 45 Degrees. For those of you who don’t know me I have a large private driveway two cars wide that leads to an open area in front of my house and two large double garages finished in block pave.
As the 306 was a clear 5 feet up my drive and at 45 Deg it completely stopped any access to or from my home or garages. I had no option but to park in the roadway and try and find out who this unwelcome visitor was. After knocking all the doors in my Avenue and checking the Church across the road, no one knew whom this car belonged to.
After about 45 minutes I was becoming desperate as I run a wedding car business and couldn’t get my cars out of the garage and was in danger of leaving a Bride stranded. It was around 10:30 and I needed to be on the road by 12 noon.
Anyhow to cut a long story short, after asking dog walkers and passers by someone recognised the car as belonging to a retired woman living in another street. They offered to go and knock her door. About 10 minutes later she arrived on the scene and started straight into a verbal assault on me for causing her “distress” through having so may cars that destroy the environment, and the impact it was having in our village and the surrounding roads; and the worry it was causing her. She had “no option” but to protest by blocking my drive!
To make matters worse she refused to move the car and walked off.
Now this is the part you need to pay attention to.
During the abuse I asked her to politely remove the car. She refused.
I warned her that if she didn’t move the car I would. She refused.
At this stage I knew as the car was on my property (private property), the Police would be powerless to do anything other than talk to her, as it was a civil dispute. Based on the following I had to make a decision;
1. Obstruction to my right of way.
2. Disruption to my business (Not being able to honour the contract I had to take a bride to church)
3. Infringement of my human rights and reasonable enjoyment of my property.
4. The fact the damn thing was leaking oil on my drive.
I broke the small quarter light window, unlocked the door, took off the handbrake and pushed it off my drive and onto the road.
BIG MISTAKE!!!
Later on in the evening, BANG BANG BANG on the door and I was arrested and taken down the nick for Criminal Damage and held for 4 hours, then released on Bail.
Following appointment of a Solicitor this is what I should have done. TAKE HEED.
1. Waited 90 days and applied for a court order to remove the vehicle, during which time I should not attempt to move or interfere with it in any way shape or form as it leaves me wide open to prosecution.
2. I should not instruct a third party to immobilise or remove the vehicle as this would be illegal as I have no signage or license from the Borough Council to do so.
3. In pushing the car onto the road I then become “responsible” in law for any claim the owner makes. So if they got a parking ticket or hit by another car, I would have to foot the bill. Hypothetically if the owner left it there until the Tax and Insurance expired I would have to face any fine!
4. As the car was then my responsibility I was cautioned and told I (ME) could face charges of obstructing a public highway!
5. If I had had my gates closed to prevent her parking on my drive they must be physically locked, or she would still be free to open then and park on my property. Alternatively her friend could cut off the lock (albeit that part would be criminal damage to the value of the lock only) and then she could still park on my drive.
6. If I or anyone else had moved it, and claimed ignorance I would still be prime suspect and been arrested in the same manner and gone to trial.
So there you are the law is well and truly an ASS, and as I was told today “there is no reasonable excuse for criminal damage.”
Oh and the happy ending…..I wish I could say there was one. Unfortunately I was in Court this afternoon and had to pay legal costs £000’s and compensation £00’s to the Green Peace Fruit Cake for a £50 piece of glass!
Just remember this is a residential property in a small leafy village, it could happen to you.
My last advice; well if your ever in town and can’t find a parking space just use someone’s drive. After all you’ll have more rights than the owner and you could get a health financial reward for doing so.
But watch out as I’m about to file a Personal Prosecution for Trespass, at more cost, as on principle I cannot let this go…watch this space
Regards
Ex-con
D
Please read this, it may save you from the same fate that befell me; and as they say truth is stranger than fiction.
It all began last November when I went out for an hour to get one of my cars MOT’d. Upon return to my modest home in a small usually quiet village, I found an “abandoned 10 year old 306” parked on my driveway at 45 Degrees. For those of you who don’t know me I have a large private driveway two cars wide that leads to an open area in front of my house and two large double garages finished in block pave.
As the 306 was a clear 5 feet up my drive and at 45 Deg it completely stopped any access to or from my home or garages. I had no option but to park in the roadway and try and find out who this unwelcome visitor was. After knocking all the doors in my Avenue and checking the Church across the road, no one knew whom this car belonged to.
After about 45 minutes I was becoming desperate as I run a wedding car business and couldn’t get my cars out of the garage and was in danger of leaving a Bride stranded. It was around 10:30 and I needed to be on the road by 12 noon.
Anyhow to cut a long story short, after asking dog walkers and passers by someone recognised the car as belonging to a retired woman living in another street. They offered to go and knock her door. About 10 minutes later she arrived on the scene and started straight into a verbal assault on me for causing her “distress” through having so may cars that destroy the environment, and the impact it was having in our village and the surrounding roads; and the worry it was causing her. She had “no option” but to protest by blocking my drive!
To make matters worse she refused to move the car and walked off.
Now this is the part you need to pay attention to.
During the abuse I asked her to politely remove the car. She refused.
I warned her that if she didn’t move the car I would. She refused.
At this stage I knew as the car was on my property (private property), the Police would be powerless to do anything other than talk to her, as it was a civil dispute. Based on the following I had to make a decision;
1. Obstruction to my right of way.
2. Disruption to my business (Not being able to honour the contract I had to take a bride to church)
3. Infringement of my human rights and reasonable enjoyment of my property.
4. The fact the damn thing was leaking oil on my drive.
I broke the small quarter light window, unlocked the door, took off the handbrake and pushed it off my drive and onto the road.
BIG MISTAKE!!!
Later on in the evening, BANG BANG BANG on the door and I was arrested and taken down the nick for Criminal Damage and held for 4 hours, then released on Bail.
Following appointment of a Solicitor this is what I should have done. TAKE HEED.
1. Waited 90 days and applied for a court order to remove the vehicle, during which time I should not attempt to move or interfere with it in any way shape or form as it leaves me wide open to prosecution.
2. I should not instruct a third party to immobilise or remove the vehicle as this would be illegal as I have no signage or license from the Borough Council to do so.
3. In pushing the car onto the road I then become “responsible” in law for any claim the owner makes. So if they got a parking ticket or hit by another car, I would have to foot the bill. Hypothetically if the owner left it there until the Tax and Insurance expired I would have to face any fine!
4. As the car was then my responsibility I was cautioned and told I (ME) could face charges of obstructing a public highway!
5. If I had had my gates closed to prevent her parking on my drive they must be physically locked, or she would still be free to open then and park on my property. Alternatively her friend could cut off the lock (albeit that part would be criminal damage to the value of the lock only) and then she could still park on my drive.
6. If I or anyone else had moved it, and claimed ignorance I would still be prime suspect and been arrested in the same manner and gone to trial.
So there you are the law is well and truly an ASS, and as I was told today “there is no reasonable excuse for criminal damage.”
Oh and the happy ending…..I wish I could say there was one. Unfortunately I was in Court this afternoon and had to pay legal costs £000’s and compensation £00’s to the Green Peace Fruit Cake for a £50 piece of glass!
Just remember this is a residential property in a small leafy village, it could happen to you.
My last advice; well if your ever in town and can’t find a parking space just use someone’s drive. After all you’ll have more rights than the owner and you could get a health financial reward for doing so.
But watch out as I’m about to file a Personal Prosecution for Trespass, at more cost, as on principle I cannot let this go…watch this space
Regards
Ex-con
D
VIN 4532
DOC-574
DOC-574
:x 
I bet theres no claim for loss of earnings?!
