What can we do if blocked in or out?

[Grassman]

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?

 

[MrNoo]

Speaking of blocking the police in, some enterprising criminals robbed the cash machine in town one night but before doing so, took the time to lock the gates in the compound behind the cop shop.

Did that at Stow on the World, instead they went into the compound and slashed all the tyres on all the cars parked there

 

[Exfarmer]

I learnt a nearly expensive lesson on my Range Rover Sport. Had puncture on main road, pulled over changed wheel and drove on. Few days later light came on about suspension.
I had jacked in the wrong place and damaged the brackets on the air pump hidden behind a steel sheet. Actually nearer tin foil. Jacking had moved the pump.
Luckily the garage I used was able to straighten it, but owner said the recommended repair is a couple of K

 

[Grassman]

I wonder what the Nfu advice is. They will be the ones possibly paying to repair someone's car.

 

[HatsOff]

Well in that case it is a criminal offence if someone blocks you in, they can’t have it both way

It's criminal to block the public highway or access to the public highway. Blocking private land or access to private land is a civil matter.

Going further... it's criminal to (re)move possessions with intent to steal, or to cause damage to property. At best it's a civil matter moving things, but probably no repercussions at all if no actual damage is caused.

 

[Ffermer Bach]

Apparently something called a spreader bar is needed, google seems to be able to find plenty for not big money although I haven’t a clue what use they’d be for shifting a car

I looked up using a burdizzo on the internet, to see if there were any tips on how to not get kicked by the calves, all the articles were about BDSM and using them on people! Shocked was an understatement!!

 

[MRT]

I looked up using a burdizzo on the internet, to see if there were any tips on how to not get kicked by the calves, all the articles were about BDSM and using them on people! Shocked was an understatement!!

Your excuses need work!

 

[B'o'B]

It's criminal to block the public highway or access to the public highway. Blocking private land or access to private land is a civil matter.

Going further... it's criminal to (re)move possessions with intent to steal, or to cause damage to property. At best it's a civil matter moving things, but probably no repercussions at all if no actual damage is caused.

That is my understanding also but according to the Police in link @Turnip put up

https://www.askthe.police.uk/content/Q528.htm

"Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities."

 

[HatsOff]

That is my understanding also but according to the Police in link @Turnip put up



"Private land
It is a criminal offence to clamp/block/tow away a vehicle on private land without lawful authority. Lawful authority to immobilise or move a vehicle is restricted to a number of organisation such as the police, DVLA and local authorities."

I was thinking more like shifting it out of the way or moving it to public land. But still OK to get in and drive away.

Clamping, blocking and towing elsewhere all imply rendering it immobile to the owner.

 

[manhill]

It's criminal to block the public highway or access to the public highway. Blocking private land or access to private land is a civil matter.

Going further... it's criminal to (re)move possessions with intent to steal, or to cause damage to property. At best it's a civil matter moving things, but probably no repercussions at all if no actual damage is caused.

that would look like a criminal offence by blocking a driveway access to a public road? Can't be correct.

 

[CornishTone]

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!

 

[HatsOff]

that would look like a criminal offence by blocking a driveway access to a public road? Can't be correct.

It is if you are preventing someone from leaving the driveway and getting onto the road. But it's not if the driveway is empty.

I'm not a lawyer, but I did have to look into this when I lived in London...........

 

[JP1]

One of the highlights of my farming career was as a teenager topping set aside behind some houses and getting blocked in. Someone pointed which house the car owner was in and I marched through the gate to find the culprit, a girl in her early 20's working on her tan in the garden. Thought all my Christmases came at once that day.

Did you marry her? If not you did better later anyway

 

[Cowabunga]

Good luck with dash cams in most new vehicles.

Only Tesla that I know of that fit dashcams from the factory that actually record anything. Aftermarket cams are a different matter but easily spotted.

 

[Cowmansam]

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

 

[Bury the Trash]

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

I've had experience of the one person doing the same thing using / blocking a lane way , despite them bring asked many times politely but firmly over the years and receiving and acknowledge ing a letter telling they have no right to be there from a solicitor.

Still kept happening so Was reported to the Police in the latest event , they came out did nothing but just said that it was a civil matter and they were busy and had to go elsewhere.

 

[Cowmansam]

Says it all that’s really when an hour or so wasted in the morning can be the difference between live lambs and not but townies just don’t get that

 

[farmerm]

How do companies do a full lift on cars? It can't be too difficult to rip up similar for a telehandler? Straps on each wheel?

Only the biggest telehandlers are going to manage to full lift a 3T Chelsey tractor....

 

[yellow belly]

What we could do is if you have a scrap car place it in a gate way then film removal post on u tube /face book
if a number of use do one a week eventually people will get the message
DO NOT PARK IN A FIELD GATEWAY

 

[Courier]

Envisage this - Sunday afternoon, good weather but silage making has been subject to a 2 week delay and the teleporter was working flat out filling the clamp when the farmer gets a call from the head office of the milk haulier's office (EOD Collections and the tank is full) " Hello, your lane is blocked and we have no access. I have instructed the driver to go and do the next collection then return to collect yours - If we have no access then your next collection will be in two days time. "

Not saying that is what happened but certainly quite feasible.

Could have made the point without completely trashing the car though...

 

[thesilentone]

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%........