Quick legal advice needed ?
17 January 2008, 12:24 AM
#1
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Quick legal advice needed ?
Someone has parked a car infront of my garage blocking my scoob in ! It's been there for over three hours now,I have no idea whos car it is 
I've contacted the police a couple of hours ago but had no joy from them at the moment. I need to get my car out to go to work at 6.30am so I need this car moved.
Can I legally move the car myself in some way or am I likely to get nicked myself ?
I've contacted the police a couple of hours ago but had no joy from them at the moment. I need to get my car out to go to work at 6.30am so I need this car moved.
Can I legally move the car myself in some way or am I likely to get nicked myself ?
17 January 2008, 01:43 AM
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not sure of the validity of this so please take it with a pinch of salt....
read somewhere once that the the technical legal definition of "theft" included the removal of the owner's ability to use the item in case.
this would then include your scoob.
you could try phoning the police again saying it's been stolen cos u cant use it cos of the car blocking it!
oh if it all goes pear shaped it's nothing to do with me!
read somewhere once that the the technical legal definition of "theft" included the removal of the owner's ability to use the item in case.
this would then include your scoob.
you could try phoning the police again saying it's been stolen cos u cant use it cos of the car blocking it!
oh if it all goes pear shaped it's nothing to do with me!
17 January 2008, 03:46 AM
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Try phoning the police again. Don't know if the law in your neck of the woods will be able to do what ours can tho..
There must be some sort of similarity as the Construction and Use regs are country wide. Not just in Scotland with this one
Obstruction - Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986
The following guidance in relation to the above offence was previously
issued by the Procurator Fiscal ( Scotland )
"In relation to the obstruction of a private driveway, the offence created
by Regulation 103 would be relevant if the occupier was unable to EITHER
enter, OR to exit the driveway. In such circumstances, in addition to any
offence libelled (Non-Endorsable Conditional Offer), in instances where
attempts to trace the owner/driver have failed, the removal of the vehicle
in terms of the Vehicle Recovery Scheme would be appropriate. In normal
circumstances, the police would only deal with an offence of this nature
on receipt of a complaint from a member of the public."
There must be some sort of similarity as the Construction and Use regs are country wide. Not just in Scotland with this one
Obstruction - Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986
The following guidance in relation to the above offence was previously
issued by the Procurator Fiscal ( Scotland )
"In relation to the obstruction of a private driveway, the offence created
by Regulation 103 would be relevant if the occupier was unable to EITHER
enter, OR to exit the driveway. In such circumstances, in addition to any
offence libelled (Non-Endorsable Conditional Offer), in instances where
attempts to trace the owner/driver have failed, the removal of the vehicle
in terms of the Vehicle Recovery Scheme would be appropriate. In normal
circumstances, the police would only deal with an offence of this nature
on receipt of a complaint from a member of the public."
Last edited by Kit B; 17 January 2008 at 03:50 AM. Reason: a change
17 January 2008, 05:27 PM
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Well,the Police came out at 3am ish and contacted the registered keeper who it turns out had just sold the car to one of our neighbours.
The Police went and knocked on his door and made him move it,he tried giving some sob story about having nowhere to park
This guy buys/sells cars and always has around 4-5 cars parked in the road at any one time,he's a right arrogant tw*t !
When the Police had gone I had a few words with him and let's just say he won't be doing it again
The Police went and knocked on his door and made him move it,he tried giving some sob story about having nowhere to park
This guy buys/sells cars and always has around 4-5 cars parked in the road at any one time,he's a right arrogant tw*t !
When the Police had gone I had a few words with him and let's just say he won't be doing it again
17 January 2008, 05:41 PM
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Glad you got it resolved.. I have two motors on my drive and a third i park on my lawn. WHen my misses comes over she parks accross my drive to minimise disruption.. Why can't people park considerably like I do 
I have a few motors but nobody in my street ever complains as they are always outa the way.
Although someone did once park accross my drive, so i reversed so that my tow hitch was a few cm from the passenger window (well lifted landy) they put in no complaints about moving it after i sat on the horn for 30 seconds
I have a few motors but nobody in my street ever complains as they are always outa the way.
Although someone did once park accross my drive, so i reversed so that my tow hitch was a few cm from the passenger window (well lifted landy) they put in no complaints about moving it after i sat on the horn for 30 seconds
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