DEAN DUNHAM: My neighbour blocks my drive when he parks his car… Can I take him to court?
My neighbor parks his car on the road blocking my driveway, so I often have to ask him to move it. Where do I stand legally?
R.R., Manchester.
Dean Dunham replies: There is a common misconception that parking in front of someone’s driveway or the entrance to their property is illegal due to Rule 243 of the Highway Code, and that any driver who does so will face police action.
Unfortunately, this is generally not the case, as section 243 says: ‘Do not park in front of the entrance to a property’, and elsewhere in the highway code, if you read language like ‘must not’, this is actually not the case. a legal requirement.
It’s more of an advice. It is only a legal obligation if the rule states ‘is not allowed’. The police cannot help you in this case.
Closed: A nuisance neighbor keeps parking his car in front of a reader’s driveway
However, there are two scenarios that can help you.
Firstly, Article 242 says: ‘You must not leave your vehicle or trailer in a dangerous place or in a place where it causes unnecessary disruption to the road’.
So if you think the owner of the vehicle blocking your driveway has broken this rule, you can call the police as this would be a criminal offense.
Second, if you have a dropped curb at the end of your driveway, it would be a parking violation if someone were to park in front of it.
In this case you can call the police or the municipality and ask them to issue a parking fine or a fine notice (PCN).
Because it is a neighbor who continually blocks your driveway, you may have a civil nuisance claim on the grounds that the driver is interfering with your use and enjoyment of your property.
This will obviously involve spending money on the legal process and that will take some time, but if you are successful it should give you a long-term solution to the problem.
A bad pet puts a strain on our finances
Our dog needs life saving surgery costing thousands of dollars and we have no insurance. Are we within our legal rights to ask the vet to spread the payments?
TM, Cardiff.
Dean Dunham replies: Although there is no legal requirement for veterinarians to offer credit, many do. So if your usual vet can’t offer this, call around to see if another practice can.
However, make sure you understand the risks associated with taking out credit and the repayments you are responsible for.
Often the credit will be interest-free, but it is important to know whether this is the case and, if not, to recognize how much the interest will be.
It is also possible to get help with your vet bills from animal charities if you receive certain benefits.
The PDSA can provide assistance if you live within a certain catchment area of one of the animal hospitals.
This requires you to receive Universal Credit without the housing element, Child Tax Credit and Working Tax Credit, Pension Credit, Income Support, Jobseeker’s Allowance, Employment and Support Allowance (ESA – based on income only), Disability Allowance (DLA). ), Personal Independence Payment (PIP) or Adult Disability Payment (ADP), or must receive a state pension and live in council tax bands A to D.
The Blue Cross, Dogs Trust and RSPCA can also help in certain situations.
- Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.