151 unnecessary obstruction

[rich1964]

I received one of these for parking my car on a drive for which i am part owner , we have houses to the rear to which there is a gate allowing them access to the rear of there gardens off their road , so they have no use of the gate on our drive so not stopping any access to properties. nobody called asking for access at my property and have been parking like this for over 4 years with no problems should i take to court.

[freakyleaky]

Hi Rich and welcome to the forums.

It certainly sounds like you have a strong case.

Could you possibly give us some more details and maybe some photo's of the area concerned?

[rich1964]

HI

The drive can provide access to rear properties but they have a seperate access that can and is used by themselves which is actually on the road they live in .

we have owned our property for over 20 years and on our deeds clearly shows the access drive in jointly on myself and neighbours boundries , we started parking there

approx 4 years ago as nobody used the gate to drive vehicles through .(access can and is used on foot even when my car is parked ) the gate can fully open and be used

even if using wheel barrows etc when car is parked .any vehicle apart from a lorry can use second gate although the rear is unsuitable for lorry size vehicles any way.

hope that is enough info . cheers

[Michael Browne]

Who issued the ticket? Is it a Fixed Penalty Notice from the Police?

 

Although you jointly own the drive, do the deeds mention any right of access by others?

[rich1964]

hi

yes its a FPN and no mention of access by others

[Michael Browne]

Having re-read your posts, you haven't said definitively that you actually own the driveway?

 

Assuming you are sure of that, I would phone the police and ask to speak to the PC who issued the FPN (his number should be on the ticket) and ask him why the ticket was issued to a vehicle parked on private land owned by you.

 

I suspect it may be following a complaint from one of the rear properties who have assumed mistakenly (or maybe not) they have a right of access across your land