Parking???

Question

Help please,

I purchased my house in 1983 and since that time have parked in the front garden which was gravelled over by the previous owner. However some 24 years later without any complaints or comments whatsoever the local authority are now saying that they are now going to stop me doing this and put in residents parking bays.
Can I claim Grandfather rights to prevent this from happening or any other laws of usage?

Answer 1

If you own the property which has been gravelled over, the local authority (LA) has no power, and indeed cannot stop you from parking on the gravelled over garden. So, in the first instance check to see whether you own where you currently park your car.

However, even if you do own it, as answers have already said you probably have to drive over LA-owned kerb to get there, which they can prevent you from doing. However, given the length of time (20+ years) you have been driving over said kerb, you may have a common-law easement (Servitude in Scotland and other Civil-law based legal systems) which would mean they could not stop you from driving over the kerb to get to your car park. Speak to someone legally-qualified in your jurisdiction about this, as obvisouly I do not know where you live and as such cannot advise on that.

If it turns out you do not own the land where you are currently parking your car, then you may have an easement/servitude to park there as I said above.

But, I beg of thee - if they are going to put in resident's parking bays, and you are a resident, I see not what the problem is? Maybe they are going to make you pay or something, I have no idea. Good luck :)

Answer 2

I can't see how they can do this as it's your land although if someone parked in the bay and blocked you in then it would cause a bit of friction.
Have a word with the local authority and ask them what they think they're up to,as they will try anything on.

Answer 3

Have a word with CAB, even a solicitor who will usually give a bit of free advice(that's how they promote business)

However and this applies to not just your good self but to everybody.

ALWAYS question the legality of any council activities, because in my experience, surprisingly, they often bend the law to suit themselves and get away with it because people automatically assume the council know the law.

They frequently get it wrong. Recent example,if you are quick,you can still smoke in Smoke on Trent.

2nd example,it is estimated that perhaps 50% of all parking tickets are illegal on technicallities.
I reckon its higher.

Thus Challenge and watch them back down.
Promote your plight in local newspaper.
Contact your local councillor
And ask them to put in a dropped kerb regrettably at your own expense.They can't refuse you!

Answer 4

Depends. Do you live in a covenant community? If you live in a place with association rules you may be out of luck, If you are in a city and this is an ordinance issue, you may be able to get a waiver, but it sounds like if "they" are putting in parking bays, that you fall into the first part of my reply, if they are putting them in, what's the problem?

Answer 5

Try asking your local police and other emergency services if they would rather you parked off your property. The fire service in particular will probably have some very fixed views in your favour. If you can get their reply in writing it would make good ammo to take to your local authority.

Answer 6

It's your house, You can park your car in the front garden if you want and they can't stop you.
Tell the Local Authority to mind there own business.

Answer 7

if you own the property I really don't see how the local authority has a right to stop you parking on your own property! if it was a council house I could see them having a case, but not in respect to private land, it's not like your building anything on it, or doing something that is a breach of planning regulations!

Answer 8

Do you have to drive over the pavement in which case they can because it is nor legal to drive over the pavement.
Has the pavement been amended by the local authoity to make a ramp in which case argue like hell because in doing so I think they have waived theei right to stop you parkinf on your own property.

Get the neighboursd to join you

Answer 9

Your house is private property, and what you choose to have in your front garden is not the Council's concern if its legal. However, I assume that you have to drive over their kerb to get there, and that they can prevent. Have you thought of getting the Council to put in a dropped kerb for you?

Answer 10

Obviously they are going to charge you once the resident's parking bays are installed, another rip off.