What can we do if blocked in or out?

Grassman · Jun 7, 2021

Following on from the thread about the farmer who "moved" a car out of his drive with a telehandler just what can we do if blocked in or out of our land or on a road blocked by poor parking?
In an ideal world police would come out and sort the situation very quickly but in the real world they just havn't the manpower.
So what can we legally do?

Grassman · Jun 8, 2021

thesilentone said:
So, the reality is, there is no support from the various authorities to remove a "legal, safe car" from your property, that is parked without permission, without you taking legal action, and gaining an eviction order.

If this is the way it is, it's sxite !!!

So, without any support, help or protection, you have to make your own decision on what action to take, and worry about the consequences later.

However, it cut's both ways, and the offender, or maybe his/her insurer's has to take an action against you if you damage the vehicle moving it.

As farming requires 24/7 access for safety and welfare reasons, their are many mitigating circumstances, and that is what there action would be faced with.

So, unless they are guaranteed to win 100% + costs (which in my view is unlikely) they would need very expensive legal opinion before perusing any action.

So, from an Insurer's standpoint it is: how much is the loss v how much will I win, less costs, less legal advice etc. Unless of course they are confident of winning 100%........

It's certainly a concern. Do we need to be considering signs on lanes and gateways?
"24hr access required" Would that help stop the issue?

robs1 · Jun 8, 2021

Swarfmonkey said:
Slip-on brackets that sit at 5 and 7 o'clock on the wheels and a HIAB type setup with spreader beams (so the webbing straps don't rest on the bodywork). Very quick process, saw illegally parked cars moved in minutes with that method in central London when I was at university there.

Personally, I preferred the method we used in my previous career when someone had blocked an access point to a training area: 17 odd tons of FV180 and a chain.

Have seen this lots of times in ski resorts while they are clearing snow from.roads and car parks, they clear some space of snow and then pick up vehicles and put it in the clear space and so on, very quick

Farmer_Joe · Jun 8, 2021

pretty sure if you dont damage it you can move it, what exactly would they charge you with?

CornishTone said:
A family member, who shall remain nameless, "moved" a car that repeatedly blocked one of our gateways many years ago. (When I say "moved", he threw it over the hedge with the digger after asking the owner not to park there many times, over many weeks.) Despite the car being on private land and preventing access and warning the owner, the afore mentioned family member was done for criminal damage and fined £1,500. To this day he says it was the best £1,500 he's ever spent but, the moral of the story is, what ever you decide to do with it, don't damage it!

i imagine had he not admitted this and played the old 'no comment' card like every criminal seems to he would have got away with it.

robs1 · Jun 8, 2021

thesilentone said:
So, the reality is, there is no support from the various authorities to remove a "legal, safe car" from your property, that is parked without permission, without you taking legal action, and gaining an eviction order.

If this is the way it is, it's sxite !!!

So, without any support, help or protection, you have to make your own decision on what action to take, and worry about the consequences later.

However, it cut's both ways, and the offender, or maybe his/her insurer's has to take an action against you if you damage the vehicle moving it.

As farming requires 24/7 access for safety and welfare reasons, their are many mitigating circumstances, and that is what there action would be faced with.

So, unless they are guaranteed to win 100% + costs (which in my view is unlikely) they would need very expensive legal opinion before perusing any action.

So, from an Insurer's standpoint it is: how much is the loss v how much will I win, less costs, less legal advice etc. Unless of course they are confident of winning 100%........

Four years ago we bought a holiday flat in a block of 16 but only 6 parking spaces, we paid 5 grand for the space so family wouldnt have to park away with their young kids, had several episodes of others parking there but moved when told, one week my daughter was there and car in our space, she put a note on it but wasnt moved, I spoke to one of my customers who was retired plod, he said dont ring the police as they will tell you not to move it, if you do they will arrest and charge you so just drag it out in the road , when I went down to shift it I banged on every door till I found the owner, he moved it after I gave him the easy or hard way talk, fitted a bollard the following wk end of problems.
The moral is dont ring plod as they wont help and will do you if you move it.

betweenthelines · Jun 8, 2021

Lots of posts refer to causing "damage" when shifting a car, but surely it's down to the owner of the car to prove how the damage occurred?

If a car sustains minor damage-say bent body panels or bumpers when being pushed by a bale on a handler, how can the car owner PROVE by whom or how the damage happened? Even if he calls the police, what would/could they do if the farmer just denies moving the car? Farmer just has to say something like "Well I saw some teenagers messing about a while ago"

Farmer_Joe · Jun 8, 2021

betweenthelines said:
Lots of posts refer to causing "damage" when shifting a car, but surely it's down to the owner of the car to prove how the damage occurred?

If a car sustains minor damage-say bent body panels or bumpers when being pushed by a bale on a handler, how can the car owner PROVE by whom or how the damage happened? Even if he calls the police, what would/could they do if the farmer just denies moving the car? Farmer just has to say something like "Well I saw some teenagers messing about a while ago"

exactly

sadly we are in a position where we have to play the game like crims do, i did not move it, never seen the car, no comment...

Netherfield · Jun 8, 2021

Used to get a problem in the late 50s early 60s with people blocking a gate, local conservative club, sat and sunday were the days, usually a bowling match on the like, once the car park was full they'd park on the lane, dad would end up going in and the steward would call over the sound system 'will the owner of xxx move your car' old boy who worked for dad said if they didn't come within 5 minutes he'd hitch a chain and tow it out the way, generally badly parked on the main road.
I remember him saying to me 'when you put the tow chain on you must remember to get round the track rod'.
Obviously won't work nowadays with front wheel drive

7610 super q · Jun 8, 2021

Can't be that easy moving a modern car without doing damage. Plastic trim down almost to ground level, paper thin steel panels, screw in towing eye that will be locked in the vehicle, and flimsy suspension set up that could easily get bent trying to drag it out the way.

betweenthelines · Jun 8, 2021

7610 super q said:
Can't be that easy moving a modern car without doing damage. Plastic trim down almost to ground level, paper thin steel panels, screw in towing eye that will be locked in the vehicle, and flimsy suspension set up that could easily get bent trying to drag it out the way.

But flimsy stuff like that could easily be damaged by the kids I saw playing about by that car earlier on!

"Yes officer, it does look like the windscreen could have been broken by the bale spike on my loader but perhaps there's a big stone on the front seat that I think someone might have thrown"

Highland Mule · Jun 8, 2021

7610 super q said:
Can't be that easy moving a modern car without doing damage. Plastic trim down almost to ground level, paper thin steel panels, screw in towing eye that will be locked in the vehicle, and flimsy suspension set up that could easily get bent trying to drag it out the way.

Maybe worth carrying a screw in tow eye in the tractor. Pretty sure there’s a limited range of screw threads in use.

7610 super q · Jun 8, 2021

betweenthelines said:
But flimsy stuff like that could easily be damaged by the kids I saw playing about by that car earlier on!

"Yes officer, it does look like the windscreen could have been broken by the bale spike on my loader but perhaps there's a big stone on the front seat that I think someone might have thrown"

I wonder if " Them pesky kids did it " would wash, if the steering / suspension geometry got damaged which caused an accident later at 70mph on the motorway resulting in the deaths of the family in said car, and also a major pile up resulting in another dozen fatalities ?

You know me, always thinking of the elf n safety angle......

Tim G · Jun 8, 2021

JP1 said:
Did you marry her? If not you did better later anyway

Ha! No, Sophie would have probably just started secondary school then, which sounds a bit wrong. But yes, I did do better!

Av Gorritt · Jun 8, 2021

I'm quite sure that just about every garage/ service station has "Y" shaped lift that simply goes under the chassis and with which they lift the car . If that does no damage to the car , and it certainly doesn't appear to , why would a correctly placed set of fork lift arms do any damage ? Just askin'

Turnip · Jun 8, 2021

Av Gorritt said:
I'm quite sure that just about every garage/ service station has "Y" shaped lift that simply goes under the chassis and with which they lift the car . If that does no damage to the car , and it certainly doesn't appear to , why would a correctly placed set of fork lift arms do any damage ? Just askin'

Usually those lifts are placed at strategic points in the chassis which are made to support the weight when lifting. Can't just sling them under and lift.

Turnip · Jun 8, 2021

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ollandroverman · Jun 8, 2021

7610 super q said:
Can't be that easy moving a modern car without doing damage. Plastic trim down almost to ground level, paper thin steel panels, screw in towing eye that will be locked in the vehicle, and flimsy suspension set up that could easily get bent trying to drag it out the way.

Don't you believe it. Cars are stronger and heavier than ever.

Exfarmer · Jun 8, 2021

ollandroverman said:
Don't you believe it. Cars are stronger and heavier than ever.

Took my x3 in for new tyres the other week
The fitter complained that the non genuine running boards made it very difficult to lift as they dare not lift on any point not recommended

theboytheboy · Jun 8, 2021

Cowmansam said:
I do know one shall we say eccentric sheep farmer who has land here there and everywhere and one particular bit has one small gate that is access into around 50 acres all in little paddocks but only the one road gate got blocked out by the same car 3 or four times during lambing meaning he has to walk round all the fields wasting time lost his rag in the end and took a squat on the windscreen imagine coming back to a dirty great log on your glass

Another option is to smear some excrement under the door handles.....

MrNoo · Jun 9, 2021

7610 super q said:
I wonder if " Them pesky kids did it " would wash, if the steering / suspension geometry got damaged which caused an accident later at 70mph on the motorway resulting in the deaths of the family in said car, and also a major pile up resulting in another dozen fatalities ?

You know me, always thinking of the elf n safety angle......

You just have to do a "proper job" when you move it, it wont be going 70mph anywhere then, sorted your H&S concerns.
As above, just get on and do it, act dumb, deny, deny and then lie if needed, it works for the Caravan Club and lets face it they do a darn sight worse things than simply moving a ruddy car

Courier · Jun 9, 2021

Cowmansam said:
I do know one shall we say eccentric sheep farmer who has land here there and everywhere and one particular bit has one small gate that is access into around 50 acres all in little paddocks but only the one road gate got blocked out by the same car 3 or four times during lambing meaning he has to walk round all the fields wasting time lost his rag in the end and took a squat on the windscreen imagine coming back to a dirty great log on your glass

Sounds like parking in Whitby. Just a change of colour.

What can we do if blocked in or out?

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