DEAN DUNHAM: My neighbour blocks my drive when he parks his car… Can I take him to court?

DEAN DUNHAM: My neighbour blocks my drive when he parks his car… Can I take him to court?

My neighbour parks his automotive on the street blocking my drive, so I typically need to ask him to maneuver it. The place do I stand legally?

R. R., Manchester.

Dean Dunham replies: There’s a widespread false impression that parking in entrance of somebody’s driveway or the doorway to their property is illegitimate resulting from Rule 243 of the Freeway Code, and that any driver who does this might be confronted with police motion.

Sadly, that is typically not the case, as Rule 243 says, ‘Don’t park in entrance of an entrance to a property’ and, elsewhere within the Freeway Code, for those who learn language reminiscent of ‘shouldn’t’, it isn’t truly a authorized requirement.

Fairly, it’s advisory. It’s only a authorized requirement if the rule states ‘should not’. As such, the police wouldn’t give you the chance that can assist you on this case.

Blocked off: A nuisance neighbour retains parking his automotive in entrance of a reader’s driveway

Nevertheless, there are two situations that may help you.

Firstly, Rule 242 says, ‘You should not depart your car or trailer in a harmful place or the place it causes any pointless obstruction of the street’.

So, for those who really feel the proprietor of the car blocking your driveway has contravened this rule, you may name the police as this is able to be a prison offence.

Secondly, you probably have a dropped kerb on the finish of your driveway, it could be a parking offence if somebody parked in entrance of it. 

On this circumstance, you’d name both the police or the native council and ask them to subject a parking ticket or a penalty cost discover (PCN).

Because it’s a neighbour who is consistently blocking your driveway, you may pursue a civil authorized declare for nuisance on the grounds that the motive force is interfering along with your use and pleasure of your property. 

This clearly entails spending cash on the authorized proceedings and can take a while, however for those who’re profitable, it ought to provide you with a long-term resolution to the issue.

Poorly pet is squeezing our funds 

Our canine wants a life-saving operation costing 1000’s of kilos and we don’t have insurance coverage. Are we inside our authorized rights to ask the vet to unfold the funds?

T. M., Cardiff.

Dean Dunham replies: Whereas there is no such thing as a authorized requirement for vets to supply credit score, many do. So in case your regular vet can’t provide this, name round to see if one other observe can.

Nevertheless, be sure to perceive the dangers in taking out credit score and the repayments you’ll be liable for. 

Typically, the credit score might be interest-free, however it is very important know if so and, if it isn’t, to recognise how a lot the curiosity might be.

It’s also attainable to get assist along with your vet payments from animal charities if you’re in receipt of sure advantages. 

The PDSA can present help for those who stay inside a sure catchment space of certainly one of its pet hospitals.

For this, you should be receiving both Common Credit score with out the housing component, Baby Tax Credit score and Working Tax Credit score, Pension Credit score, Earnings Assist, Jobseeker’s Allowance, Employment and Assist Allowance (ESA — income-based solely), Incapacity Residing Allowance (DLA), Private Independence Fee (PIP) or Grownup Incapacity Fee (ADP), or should be drawing a state pension and residing in council tax bands A to D.

The Blue Cross, Canines Belief and RSPCA may assist in sure conditions.

  • Write to Dean Dunham, Cash Mail, Scottish Every day Mail, 20 Waterloo Road, Glasgow G2 6DB or e-mail [email protected]. No obligation will be accepted by the Every day Mail for solutions given. 

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