Yes, that I think would be perfectly legal, and if left in place it would stop access in the first place - though a nuisance to you (but maybe that is better than the alternative). However, if you have one and leave it open you locking someone in with it may be legal, but doesn’t let you out if your car is further in - and if they park over the hole it would be useless.
A lockable gate likewise. And electric either would minimise inconvenience to yourself (electric gate might need separate pedestrian entrance for postman etc)
As said in England and Wales at least this is a civil matter, and legally you are not permitted to clamp the car or otherwise immobilise it.
However looking around the remedy is to use the law of trespass and contract to assist.
So if you you put a clear sign by your perimeter wall by your drive stating the conditions of parking such that as a fee (I would make reasonable but large enough to cover costs should you need to pursue), that CCTV is used, (ensure recordings are deleted once not needed) and that a set of keys is required to be left through your letter box so the car can be moved if required… then I suspect your nuisance parking will decline hugely, or at least you have the keys to move if required, or if all else fails you can then legally issue a PCN (private land parking fine notice) to the car owner.
You will need to pursue through the civil court… but you are in control.
With the keys just remember if the keys are then stolen from you, and the car then stolen, you may be liable, but on your conditions state that you have no responsibility for theft or loss and the person parking does so at their own risk.
Clearly if you don’t want to do this at all I think only a chain, gate or similar across your drive can prevent access.
My understanding is (in the UK) that you have full rights to leave your property but none to return. So if you want to get out, call the police and they ‘should’ clear your way.
Thank you for all your advise so far.
The property is double gated: one at the main entrance - where they tend to park- and a second one leading to the garage and this one only fully locked at night. Putting up signs may work as a deterrent for some but not all. In one instance, they had the cheek of opening the front gates and park there.
This does not happen all the time but very stressing and frustrating when it does.
A farmer mate did similar to that with some ‘travellers’ using a truck load of soil & rubble. But its taken a permanent embankment & a locked gate to actually stop it.
Surely it’s your land and you can do what you want on it. If someone parks their car on your land, it’s at their risk.
Well today I’m going to do gardening and I need to use my wheelbarrow…a lot. I would have rang the number and informed the jerk to remove his car from my driveway within 10 mins. I’d inform him that a wheelbarrow is being used immediately and I don’t want to damage the car. Of course, if he doesn’t remove the car within the said time, I would feel fairly confident that I have used as much etiquette to solve the problem. I would then scratch the car with the wheelbarrow. If he tried to sue me, I think in a court, the judge would be on my side. I have warned the owner, he should not be there, he obviously flouted the civil law and took his risk. I’m sorry, but I tried to be as safe as possible. Accidents happen. I’d like to see his form filling, when he has to explain his actions. If he came back and obviously sat on his car eating his pie antagonising me, I’d film it and use that as evidence. Never lose your rag, just manipulate the outcome to your advantage.
Just bought a couple of signs. Let’s hope it minimises the agro and serves as deterrent, stopping these low lives taking the f#@#%g p**s.
Thanks everyone.
I would agree but given the legal situation and that usually the law seems to be on the side of the f**kwits in our society, it seems the best course of action seems to be to follow the legal route - as stupid as it may be. I’ve certainly learned something from this thread.
My common sense tells me judges aren’t 70 year olds, out of touch people. They’re actually fair and talk our common language. It’s very obvious that the person was flouting a civil law no matter what the press or internet tells you. Maybe I’ve written the scenario to tight, but let’s just say you send the jerk a message and two hours later the ‘accident’ happened to his car. Sorry, I very much doubt anyone would successfully sue me.
Being self-employed for 27 years has taught me that when confronted with a trying situation in business, plain common sense has 100% always succeeded. Working by yourself makes one’s decisions very plain, fair, basic…no teams of people to hide behind, answer to, etc…
That’s true, but again, I think we’re thinking a little too much of the consequences. I can’t speak for Tony, but if that happened to me, I’d still bear a grudge against the jerk 10 years later.
If there was a persistent offender you could probably get an injunction to stop them and if they contravene that it would indeed be a criminal offence. However that is hassle and cost.
Reflecting on it I think I’d go for a remote controllable electric gate, barrier or bollard. If practicable a sliding gate. And if they damage it that it is criminal damage. Additional signage inside might be of use for the day the gate is left open for any reason.
I think it’s a bit more tricky than some of you are suggesting. The idiot is causing an obstruction on private land and that is a civil matter of very little interest to the police, but some of the responses suggested would become a criminal matter, which is of interest to the police. There might be mitigating circumstances but it could still lead to a conviction.
A friend of mine was in a pub making his way to the door and talking over his shoulder to his friends when he walked into the stretched out leg of someone slouching in a chair. He was a tall guy (big and fit) but fell quite heavily, by accident knocking the guy with the leg on the way down. The guy claimed that he had been punched and for whatever reason the police believed him so my friend was prosecuted for assault.
When it came to court the magistrate believed my friend and he was found not guilty. But it still ruined his life for several months as it all played out.