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Boat parked outside my house

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Boat parked outside my house

Postby TenaciousB » Sun Mar 13, 2016 5:01 pm

Hi,
My neighbour has deliberately parked a large fishing boat in front of my house to antagonize me. The house is a small hotel and it is blocking what would otherwise be a nice sea view in a seaside town. Everyone else parks their boats in the boat compound 200m down the road. The neighbour is storing his boat on the road (Nelmes v Rhys Howells Trnasport Ltd 1977 but I guess that is a matter for the Civil courts). It is attached to a vehicle with a different registration but is pointing the right way.
It is within 10m of a junction and causing visibility problems but the Police don't seem to want to know.
It is taking up valuable parking spaces which could be used by visitors and guests to both my hotel and the neighbour's.
It is at a strange layout junction which means the road is wide enough for cars to pass.

It is causing a nuisance (section 149 of the Highways Act 1980) but the County Council don't wish to spend money on a court case.
Is there anything that can be done to get rid of it legally short of taking Civil action?
Thanks
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Re: Boat parked outside my house

Postby blig » Sun Mar 13, 2016 10:54 pm

I'm wondering if this is lit at night?

Road Traffic Act 1988
22 Leaving vehicles in dangerous positions.
If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to [involve a danger of injury] to other persons using the road, he is guilty of an offence.


Also see

The Road Vehicles (Construction and Use) Regulations 1986
Obstruction
103. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road.
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Re: Boat parked outside my house

Postby TenaciousB » Mon Mar 14, 2016 9:41 am

I'm wondering if this is lit at night?


No. Apparently a trailer does not need to be lit if it is attached to a vehicle. Whether the vehicle's registration plate has to match that of the trailer is something I haven't found out.

Thanks for the others, I'll add them to my list.

The Police are currently trying to find the offence of parking within 10m of a junction on their system. They think it might have been decriminalized.
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Re: Boat parked outside my house

Postby diy » Wed Mar 16, 2016 12:02 pm

Is the speed limit 30mph? i.e. a standard built up road? I assume also its not in london? Does it have a brake fitted or other mechanism preventing it from rolling away (simple chock for example)

There is no requirements for lighting in a 30mph (street lit zone)
http://www.legislation.gov.uk/uksi/1986 ... on/89/made
My suggestions are not legal advice
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Re: Boat parked outside my house

Postby blig » Wed Mar 16, 2016 7:04 pm

Lighting might have been needed to ensure the trailer does not involve danger of injury to other road users at night while the trailer has a boat on it, as the quoted section from RTA. It depends: it won't be needed if it is underneath a lamp post! It was described as "causing visibility problems".
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Re: Boat parked outside my house

Postby TenaciousB » Thu Mar 17, 2016 9:23 am

diy wrote:Is the speed limit 30mph? i.e. a standard built up road? I assume also its not in london? Does it have a brake fitted or other mechanism preventing it from rolling away (simple chock for example)

There is no requirements for lighting in a 30mph (street lit zone)
http://www.legislation.gov.uk/uksi/1986 ... on/89/made


The speed limit is 20 mph (advisory) on a standard built up road, not in London. It has no chocs but it does have cabling suggesting it is a braked trailer.

The Police have confirmed that there is no offence of parking within 10m of a junction. However, I suspect the following makes it an offence to park within 10m at night without lights. But I find it difficult to understand all the "save as", "shall not apply" "except if" wording.

http://www.legislation.gov.uk/uksi/1989/1796/regulation/24/made
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Re: Boat parked outside my house

Postby diy » Thu Mar 17, 2016 2:39 pm

Number plate does need to match.

I'm not sure you can argue that its not attached if it doesn't.

I'm assuming the car is taxed and insured?
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Re: Boat parked outside my house

Postby TenaciousB » Thu Mar 17, 2016 3:04 pm

Yes it is taxed and insured.
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Re: Boat parked outside my house

Postby diy » Thu Mar 17, 2016 3:09 pm

I think you may be stuffed, short of waiting until he goes fishing and then parking in the spot.
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Re: Boat parked outside my house

Postby TenaciousB » Thu Mar 24, 2016 8:05 am

Can anyone tell me what this legalese means please with respect to parking within 10m of a junction?
http://www.legislation.gov.uk/uksi/1989/1796/regulation/24/made

The 10 m is mentioned at 5 (c).
Thanks
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