"pretty much nothing" - I know thats not what you wanted to hear!
Picture this situation: You've come home from work, only to find some random person has parked on your drive. What do you do?.....Call the police?
.....The council must be able to do something, right?
Well, it turns out that you may have little or no legal recourse against this antisocial behaviour.
That's what one unfortunate homeowner in Bristol found out when a cheeky driver parked up on their drive - for FIVE DAYS. They said the police or authorities would not, or could not help, reports the Bristol Post .
Nobody knows whether the motor was left in someone else's driveway deliberately or mistakenly. But it was legal, taxed, insured, and had its MOT.
Avon and Somerset Police refused to comment and the city council said that unless a vehicle is blocking a public highway, officers have no power.
“Bristol City Council will investigate abandoned vehicles parked on public land or highway, but not on private land," said a spokeswoman.
"In order to be classified as abandoned the vehicle also needs to be untaxed for at least one month and left in the same location for a significant amount of time. There’s more information on the reporting process on our website.”
The police explained that the moment a car crosses onto your property, technically, trespassing has taken place. But it's a civil offence and holds no bearing in criminal law.
So what can you do?
It's a long and annoying process. You'll need to obtain an eviction notice from the courts. A solicitor would be able to get a civil court's permission to find out the identity of the legal owner, and a judge would then have to order its removal.Now here's the ridiculous part. All this would probably cost you quite a lot of money. The court would process the order for removal, and that'd leave you with legal fees - perhaps thousands of pounds.
Is there an alternative?
You could simply park in front of the car, subsequently blocking in the vehicle in question. But doing this is only possible if you don't live on a main road with double yellow lines, and if your drive's big enough.A quick solution is to hire a private tow truck (starting at around £100). But if the car gets damaged, you could be liable to pay for damages.
Certain circumstances
In some circumstances the police will be able to remove a vehicle, for example if the vehicle is in a dangerous condition such as:- leaking petrol
- contains dangerous items such as gas bottles
Either way, it's best to seek legal advice and alert the relevant authorities. The Citizens Advice Bureau would be the best place to start. Using a third party to have the car towed is not advised by the police.
“Don't damage or clamp the vehicle or have it removed by a third party for destruction or storage without first seeking legal advice," the police spokesman added.
"If you do any of these things, you may commit a criminal offence or the owner may pursue a civil action against you."
Source:manchestereveningnews
