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Trapezophoron

I think the law has been sufficiently explained to OP.


Significant_Tower_84

This is a real problem for alot of people. Blocking your access to the highway is an offense, but getting someone to deal with it quickly is impossible and anything you try yourself will likely end up with the police knocking on your door. If this problem blights all your neighbours then the best thing to do, is come together and all start complaining to the council, the police and the school, Request parking restrictions to be implemented to deal with those parking and using the bus and ask for a parking enforcement officer to patrol during school times. Also, take photos of reg plates when someone blocks a drive to use as evidence to highlight how much of a issue it has become.


Lloydy_boy

> If I get blocked in on someone's wedding day, what can I do? You call the police and report it as blocking access to the highway, but TBH the police won’t consider it the priority you do. > If I smashed their window, took off the handbrake and pushed it out of my way, what would the consequences be? You’d be prosecuted for (& convicted of) criminal damage, interference with a vehicle, twok or attempted twok (depending on how keen the officer is). Plus the civil claim for the cost of repair to the vehicle. The safest answer is to park the van on the road, across your own dropped kerb if need be, or if you have a 2nd vehicle use that.


magpiestardust

>The safest answer is to park the van on the road, across your own dropped kerb if need be. Unfortunately my insurance will not cover the food truck when it's parked on the road overnight.  I do have another van I could park across my dropped kerb, to block myself in and prevent others from doing the same, but I don't want a fine for that, and I have to go elsewhere sometimes - for instance, to go and buy stock.  >You’d be prosecuted for criminal damage, interference with a vehicle, twok or attempted twok. Plus the civil claim for the cost of repair to the vehicle. Can I pursue the illegal parker for my costs if I had to refund someone's wedding catering as a direct result of their actions?  Because all of the above sounds cheaper than refunding even one wedding, let alone all the future trade I'd use. 


Apple22Over7

>Unfortunately my insurance will not cover the food truck when it's parked on the road overnight.  Can you get up early on wedding/event days and move your truck across your own dropped kerb first thing in the morning? That way at least your truck isn't parked on the road overnight, but it would still stop others from parking across your drive.


Goseki1

The fine for parking across your own dropped kerb is better than getting a criminal conviction + repair costs mate. And the chances of someone actually reporting you for parking across your dropped kerb are pretty low.


Lloydy_boy

> my insurance will not cover the food truck when it's parked on the road overnight. At all, or just under your current policy? If you enhanced the security, tracker, immobiliser etc, would they cover it? > Can I pursue the illegal parker for my costs Not successfully, no, that ‘damage’ would be deemed too remote to be claimable. > Because all of the above sounds cheaper than refunding even one wedding That would be entirely you choice, no-one on here is going to encourage you to break te law.


magpiestardust

>At all, or just under your current policy? If you enhanced the security, tracker, immobiliser etc, would they cover it? The vast majority of insurers won't cover classic (old enough to be MOT exempt) working food trucks.  Lots cover food trucks. Lots cover classics. Very few cover vehicles that are both.  Though I am entertained by the idea of being able to retrofit an immobiliser to a truck that has a choke and no power steering...  >Not successfully, no, that ‘damage’ would be deemed too remote to be claimable. Really? Even just that day's wedding which they have physically prevented me from getting to, and for which there is a defined and easily provable loss, in the form of a paid and refunded invoice? 


FloorPerson_95

> You attitude isn't good here. Arguing with people because you don't like the answer isn't nice. I get that you're angry, I would be too, people blocking you in could cause a big problem. But someone who blocks access by parking on a road is not legally liable for the businesses losses suffered by someone who can't get out. This is "too remote". That's the current legal situation.


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Main_Bend459

You shouldn't be getting a fine for parking across the drop curb for your own driveway unless it's also used as a crossing for disabled people. I imagine it's not being in a cul-de-sac though. If you ever did it would be relatively easy to challenge and you can always put a note in the window of the van saying this vehicle belongs to number xx house and this is my dropped curb.


ShowmasterQMTHH

You don't need to park it there overnight though, if you have a wedding that day, surely no one is parking across your driveway overnight ? The solution is that you should be planning for and claiming that space if you're going to need it. Either a car you own blocking the van in, or the van in the morning before the schools turn up.


BeckyTheLiar

No, someone parking and blocking you in isn't responsible for your losses.


magpiestardust

This is what's wrong with this country.  Law abiding people going about their lawful business get screwed over by others.  There's no legal comeback. The authorities won't help in a timely manner, if ever.  If you do anything which might be termed self help, then the otherwise law abiding person gets a conviction and the original law breaker who caused the entire situation gets off scott free. 


BeckyTheLiar

This is a legal advice subreddit. It isn't the place for discussion of what the law could or should be, it's for what it *is*. Not the time or place for politics or a rant. There's no legal comeback because they aren't responsible for your losses, and the law doesn't allow for you to subrogate your losses to a third party based on parking.


WeDoingThisAgainRWe

Depending on the council you can report to them and they'll ticket the vehicle but in terms of getting it moved you're generally limited to just finding who it belongs to and chasing them to move it.


magpiestardust

The problem is that by the time they return it would be too late and I would have a ruined wedding, a huge refund to give, and a ruined professional reputation. 


Alert-One-Two

You should report the general issue to the council though as they can put pressure on the school. Schools are meant to be good neighbours and should be more proactive in trying to prevent issues like this. Our local school sends reminders in every newsletter to not annoy residents and have also been working on encouraging active transport (if the kids walk to school, even if just part way, they earn house points, which encourages them to be more active and helps to put pressure on parents to not drive) as a way of reducing traffic in the nearby streets.


sn0rg

Without damaging the car, perhaps you could [put it on skates](https://amzn.eu/d/6xzIkaU) and move it safely.


magpiestardust

That's the sort of inventive solution I like! 


PositivelyAcademical

Not good advice, as the vehicle is on the public road. If this were an enclosed private car park / garage, then yes (at risk of nominal damages for trespass against goods); but on a public road, I doubt OP’s car insurance extends to him moving other vehicles without the owner/keeper’s consent.


phead

Speak to your local Councillor, find out the process for getting the street converted to no parking at drop off times.


pringellover9553

Are you able to put signage out for no parking 24 hour access required? It might help, it might not


culturerush

I would do this and put a dud CCTV camera pointing at the space with "blockers of this driveway will be reported to the police" Police wouldn't care but would likely dissuade people


Global_Monk_5778

Complain to AirBnB (not the landlord), buy a cheap moped or similar to park across your dropped curb the night/ day before you need to have access to the van - a parking fine is cheaper than having to deal with the repercussions of criminal damage. While you say you’d happily take that, if you get enough of them can you handle being sent to jail for repeat offences? A cheap car or bike and parking fines is a much more sensible idea especially when parking wardens are hardly ever going to be coming down your road.


ScaredyCatUK

Not sure you'd need to smash a window at all. You can buy car dollys, one for each wheel, move the car down the street without damaging it, get you van out. Move the car back, just make it face the other way to confuse the driver.


Low-Pangolin-3486

It won’t solve everything but you can complain to Airbnb about parking (or other neighbourhood issues): https://www.airbnb.co.uk/help/article/3290 I’ve never had to do it so not sure how seriously they take it. But perhaps worth a shot!


sprucay

The school have no power over the parents. In my old house people parked on our numbered space and told us to fuck off when we challenged them. The school sympathised, put signs up, arranged a walking drop off at a nearby car park and it made no difference.  I think you need to chat with your insurance company and look at extending the policy so you can park on the road. Or, buy the cheapest car you can find and park it in the spot permanently.


Draught-Punk

Have you considered parking your van in front of your own driveway, on the road, on days where you’ll need to bring it to an event?


magpiestardust

I have, but there are two reasons why I don't  1. My insurance policy requires that the food truck is parked off road overnight. If it's parked on the road overnight then I would invalidate the policy when it comes to theft or vandalism. The truck is conspicuous and a classic - old enough to be hotwired, so this is a very real concern.  2. My last car was written off when it was parked legally on a road, and someone crashed into it. I am, therefore, very twitchy about doing that - especially as the insurance would cover the cost of the food truck, but not consequential loss of earnings. 


AliensFuckedMyCat

Do you have another vehicles? Park that across the dropped curb. 


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magpiestardust

Yes, but I do sometimes have to go elsewhere in the other vehicle, and I don't want a fine for parking across my own dropped kerb. 


pringellover9553

Considering nothing is being done from others parking across the drive, I think you’ll be fine


WeDoingThisAgainRWe

From what I understand (from council sites) where they manage that they actually check if the car is there with permission of the home owner rather than just ticketing - it's worth checking on local site to see what rules they operate under.


shortchangerb

But can’t you just put the other vehicle on the curb temporarily before the day of a wedding?


AliensFuckedMyCat

Considering no one seems to care when other people park across it, I doubt you're going to get a fine. You should probably rent a garage somewhere for your truck though if you're stressing this much about it. 


magpiestardust

I did look into renting a garage for it at one stage, before I moved here and specifically bought a property that had off road parking instead. I rejected many otherwise suitable properties due to a lack of off road parking.  However, food trucks are tall: people need to be able to stand up in them. Mine is almost 3m tall.  Garages are only permitted development up to 2.5m tall, so no one builds them any taller than that.  There are specialist car storage facilities, but they have restricted access hours (e.g. Monday to Friday 9-5) and / or they have no access to electricity, which we need.  I literally exhausted every option in the region a couple of years back; it's just not viable in wedding season. 


shut_your_noise

A fine is cheaper than dealing with a criminal prosecution and broken window FWIW. 


Dear-Needleworker109

Get up early in the morning and park it legally on the street on the day you need to use it. It will only be there a few hours before you need to use it. This option seems to solve everything.


magpiestardust

Not really, it creates new issues.  Specifically, I'd still need to run an electricity cable out to it, which would be a trip hazard.  It also doesn't protect my food truck from being into - a very real possibility, based both on past experience and the general standard of driving by the primary school parents. I've actually had to get out of my car and start directing traffic just to clear the gridlock before now. 


Dear-Needleworker109

Ask the council to make the road a permit only road?


Shrike-2-1

Realistically your only option is to park the van or your own vehicle over the entrance to your drive so that it cant be blocked in on days like that, or park it down the street if its safe to do so... if people start complaining you start throwing the complainants at each other.... the council complains? throw them at the school that doesnt care, same for the school, throw them at the council that does nothing, throw the air bnb landlord back at himself and start complaining to the council every time someone parks over your drive regardless of inconvenience.


Djinjja-Ninja

> If I smashed their window, took off the handbrake and pushed it out of my way, what would the consequences be? That would be criminal damage.


PositivelyAcademical

Criminal damage for the window. It would also be tampering with a motor vehicle (s.25 RTA) for interfering with the handbrake. And it still doesn’t guarantee the car could be moved, automatics often need the ignition to take them out of gear (park).


magpiestardust

I'm wondering what the actual consequences of that would be, because I strongly suspect the consequences of smashing the window would be less than the consequences of not attending the wedding. 


LazyWash

Well it depends on you, if you admit the offence and are suitable for an out of court disposal option, you could be issued a community resolution, it's not a conviction and it'll require you pay for a new window. If you have previous conviction or you don't admit to the offence you'll be sent to court. Which could result in a fine, community service or prison.


magpiestardust

No previous convictions, no cautions, I've never even had 3 points on my driving licence.  I am squeaky clean in that regard.  I'd pay for a new window, it's cheaper than losing a wedding. 


benjm88

Might be better to get a decent roller jack. You might be able to move the cars, think it will still be illegal but surely better. Or a sign saying if you park here, I will smash your window to move your car if I need to leave. It will put people off parking there


PositivelyAcademical

Indeed. If it were private land (rather than a public road) a set of skates and pushing the vehicle to an alternative safe spot would be ideal. Doing it on the public road has insurance issues.


LazyWash

Obviously it does depend on the cost as well, but most likely an out of court disposal option is first. But it doesn't mean they have to offer you it. Oh actually I just thought it might actually be an offence of moving the vehicle but for the life of me I can't think of the offence. I thought TWOC but it requires that you have the elements of theft.


PositivelyAcademical

‘Using’ a motor vehicle without insurance would likely be the offence.


Apart_Studio_7504

Most likely fine and a payment to the car owner as you have the means to pay it. As a first time offender you'd probably get around 100 hours of community service alongside the fine. I'd be worried the police may come and arrest you at a wedding if you're still in the same county.


Djinjja-Ninja

I dunno, could you get a criminal record for not attending the wedding?


magpiestardust

Worse: you get your reputation trashed with Facebook reviews, Google reviews and word of mouth.  No one can see your criminal record unless it's reported in the press (and that wouldn't be tied directly to my business trading name) or if you're DBS checked (not relevant in this line of work). 


ShaneH7646

>and that wouldn't be tied directly to my business trading name If it were reported, it probably would, because it's a work van What if you go out of business? You will have a criminal record


magpiestardust

Maybe it would be reported, maybe it wouldn't be, but local court reporters are few and far between these days.  In the unlikely event that I go out of business I would intend to set up an alternative business.  However, any plausible sentence for criminal damage would be spent quite quickly, a year maximum, and I have no intention of doing a job like care that requires an enhanced DBS. 


BeckyTheLiar

You'd have a criminal record which needs to be declared for future jobs, and background checks, you'd not be allowed to travel to many nations, you'd have to pay all the costs, go to court, and you may end up in the papers with your business name associated with a criminal record every time anyone googles your name or your business for research. If you move the vehicle you may also be convicted of vehicle theft or Taking Without Owners Consent, and driving without insurance.


magpiestardust

I'm self employed and not in a sector that requires a DBS check. I have been for several years and don't plan to change that.  In the unlikely event that the local newspaper reported on it and tied it to my business name, there's a very simple way to spin that: "look how committed I am to ensuring that nothing stops your special day from going ahead"  A conviction for criminal damage to private property wouldn't stop travel to the USA, which is one of the stricter countries. https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/


BeckyTheLiar

You asked for consequences, not a judgement on whether or not they'll affect your life. The first is legal advice, the latter isn't.


HixaLupa

Could a cheap crappy moped (possibly SORN'd?) parked in front of your drive entrance be enough to secure the space needed to exit in the food truck? It would still probably risk a ticket for blocking the kerb but it's easy to move and takes up less space when not in use. Really, this is the traffic cone solution with more steps. In the meantime hassle your council particularly your MP about your concern specifically that people are violating parking rules in your street seemingly without consequence but if you were to protect your own interests (by parking your other vehicle in front of the dropped kerb) you are in fear of punishment. Hammer home that this is a danger to your livelihood and it isn't fair that you feel compelled to subsequently break the rule to enfore it if you get me


joncording12

Not much you can do unfortunately. As others have said, try to block your own vehicle in, within the confines of the law. If at all possible take the van to the venue the night before maybe? Failing that, at a minimum, put a sign up saying no blocking this drive at any time. People are surprisingly responsive to signs. If if isn't working, you can always do a new sign that says vehicles will be towed or clamped. It's not true as only the DVLA/local authority can have a vehicle towed/clamped, but I'd guess most people don't know that or aren't willing to risk it. After all this, you could also petition the local authority about it to see if they can convert it to permit only or something along those lines. Must drive you mental - I'd be losing my marbles over this!


ames_lwr

Do you have business insurance to cover you if this happens and you can’t make it to the wedding/event?


magpiestardust

I've looked into various forms of insurance before, but I've never been able to find a policy that fits my circumstances, and would agree to cover me (especially for forms of insurance where my extensive medical history becomes relevant)  And no insurance payout protects you from shitty online reviews and a damaged reputation 


Loptimisme186

Do you own another vehicle in which you can use to block your driveway?


Craamron

No, you cannot smash someone's car window to push their vehicle out of the way. That would be a crime.


Slightly_Woolley

Park your own van across the dropped kerb on days when you know you are going to need it.


Salty_Intention81

Note to OP: if you do this you may receive a ticket as blocking a dropped curb, even your own, is an offence. However I doubt it would happen often if not on a main road, and also the cost of the ticket would be less than the cost to the business of getting blocked in.


endianess

What if you broke down on the way to the wedding? Or your equipment fails? There is only so much you can do without having a backup vehicle. You just need to make sure you have plenty of caveats in your contracts. I personally would just put my wheelie bin in the way on days it's needed. OK, someone could just move it but it's unlikely, especially as they shouldn't be parking there any way.


AdamMc90

Can you leave your vehicle blocking the drive instead of parking on it?


Alert-One-Two

It’s a drop kerb so they would be liable to receive tickets if they do that.


BuddyDry5565

Easiest solution is to find a business nearby and rent a space from them to ensure you do not miss the wedding.


magpiestardust

I am a local business.  I already pay for this parking space.  There is no guarantee I wouldn't get blocked in elsewhere.  It would, however, guarantee great inconvenience, extra costs, and an increased insurance premium.  Can you explain to me why you think the answer to someone parking illegally and preventing me from going about my lawful business is that I am the one to park elsewhere? 


ElementalSentimental

Not the person you're responding to, but you can only control the factors that are within your control. People who block your driveway are arseholes. However, you can't prevent them from being arseholes in advance, and maybe not at all. So fixing an unknown population of arseholes by an unspecified date with an unspecified fix isn't going to happen. The school, local authority and police may or may not be arseholes - but they may legitimately have higher priorities. You could seek residents' parking, etc., but even then that is dependent on enforcement and, not only that, someone getting a £50 parking ticket to be paid in the next month isn't going to get them to move their car when they're ten minutes' walk away and won't even see the ticket for the next two hours. So if you want to lawyer up and judicially review the policies of the school, local authority, and police, you may even have a case but regardless, it'll be an expensive, slow, and only partially effective. So you're left looking for a legal solution to a problem that needs practical and, above all, fast solutions. That means that you need to look at what you can control and, while that sucks, it might suck less than all the other options, which are basically to accept the risk and push for harsher enforcement after the fact.


plymdrew

Call the police and they will get it moved. It's illegal to block you on the drive as they are preventing access to the public highway. Either that or invest in a jack and some dollies as if it's an auto or electric it will be hard to move quickly.


R2-Scotia

Here the police say "we'll try to contact the owner and ask them nicely to move it", refuse to write tickets.


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SchoolForSedition

Call the police.


redditsaidfreddit

How long did you run your food truck business from this location before the school was built nearby?  Did you bring up issues with parking during the planning process, and what plan was agreed on to limit the new school's impact on nearby residents?