On returning home from an afternoon of shopping, I keep finding a car parked on my drive.
I live in a cul-de-sac near a primary school and suspect a parent is just trying their luck.
On one occasion I went inside to call the police but by the time I came out it had gone. What are my rights? Can I issue a fine?
A. S. S., Winchester.
Dean Dunham replies: When someone parks on your private property without permission, it’s considered trespassing, which can be both a criminal offence and a matter that can be pursued through the civil courts.
The law that covers trespass is the Criminal Justice and Public Order Act 1994, which says that it becomes a criminal offence if the trespass involves other actions like causing damage or refusing to leave after being asked.
With this in mind, when you are faced with someone parking on your land without permission there are two steps you should initially take.
Uninvited guest: A reader returned home from Christmas shopping to discover a car parked on their driveway
Firstly, gather evidence: take photos of the car and note the time and date; and secondly, if you see the owner of the vehicle ask them to move it, politely, otherwise leave a polite note on the vehicle asking them to move it and not to park on your land again.
These prior steps are important, as your next step will be to report the matter to the police if the trespass continues.
The police will take notice only if you can prove the trespass and prove you have already asked the perpetrator to stop.
At this point I must give a word of warning. If you speak to the owner of the vehicle or leave them a note, do not use any language that could be construed as threatening or overly forceful, as this will turn the tables and land you in hot water with the police.
Likewise, do not take any steps that would cause any damage to the vehicle. Prevention is always better than cure so there are two further steps you could take.
You could speak to the school, if you believe it’s a parent parking on your drive; and you could install a ‘No Parking’ sign in a visible place, with a fine warning.
This would then potentially enable you to levy a fine and enforce the payment of this through the courts.
Energy supplier’s shock switching bill
I’ve just tried to switch to a new energy provider but my current provider has now issued me with a bill for £1,390 and says this must be paid first. I’m on a prepay meter so how can I owe any money?
R. H., via email.
As strange as it sounds, it is possible to incur debt on a prepayment meter.
It can happen where debt was incurred prior to the prepay meter being installed and is then added to the meter, or when someone is regularly using the emergency credit and allowing the standing charges to build up, but then not topping up enough to clear the debt in full.
In both of these cases you would expect the debt to be immediately taken when you top up – so if you have a £10 debt and you then top up with £20, you would expect your credit to now be £10, but I am told this is not always the case.
However, there is a third, more sinister reason why you may have debt on your account and this is where your provider simply has it wrong.
I say this all the time – for some reason most of the energy providers are really bad when it comes to admin and they often make mistakes with billing.
Your next step should, therefore, be to ask for proof that you actually do owe this debt and specifically ask for a breakdown of the charges.
You need to know when the alleged charges were incurred and confirm that you have not previously been informed, as these are the questions that will flush out if this is simply an error on the part of your provider.
It is also worth noting that your provider cannot ‘back bill’ you for more than 12 months usage.
If you are unable to solve the issue your next step will be to lodge a complaint with the Energy Ombudsman, details of which you will find online.
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