Does your neighbor constantly park his car in front of your garage? Don’t panic, there are solutions to stop the problem.
Life with your neighbors is not always a smooth river. If some get along wonderfully and can become real friends, it can sometimes be that cohabitation is more difficult, sometimes leading to conflicts ending in justice. Among the causes of friction, the question of parking often comes up, some do not hesitate to park their car in front of the garage of their neighbor, for sometimes obscure reasons. But what if this happens to you, and you can’t get out of your vehicle anymore? Rest assured, there are many remedies to resolve this situation, from amicable conciliation to legal proceedings in the event of ill will on the part of the principal concerned. Auto-Moto takes stock for you!
Parking: what does the Highway Code say?
First of all, know that your neighbor is totally wrong if he parks in front of your garage door, and that is the Highway Code that says it. And more particularly thearticle R417-10, which states that parking is considered inconvenient ” in front of the driveways of neighboring buildings “, And « on places where the vehicle prevents either access to another stationary or parked vehicle, or the release of the latter “. Sanctions are therefore provided for in these situations, and the offender then incurs a fine of € 35 or even a Impoundment of his vehicle. You are therefore entirely entitled to mobilize to put an end to this situation, which is considered illegal in the eyes of the law.
Before initiating proceedings, consider first contacting your neighbor, in order to try to make him understand the problem. If the discussion is unsuccessful, then you can try sending them a registered mail with acknowledgment of receipt, if you feel that the offender is not receptive to your request. Explain your concern to him and try to see with him whether it is possible to find solutions together and without getting angry. You can also try to slip him a note on the windshield, hoping that he is of a good enough nature to understand the problem and act on it.
If your efforts to resolve this dispute amicably do not seem to be working, it is possible to take the next step and contact the municipal police. The latter will then be in a position to ascertain the infringement and to impound the offending vehicle. If the owner is present and agrees to move his car, then he should only receive a simple fine. But if he refuses or if he is absent, it will therefore be removed by the police, and your neighbor will then be forced to pay the penalty, plus impoundment costs.
The district court
You thought that the impounding of his vehicle would make your neighbor listen to reason, but he does not want to cease hostilities? Fortunately, you have one last solution: justice. But before you confront your opponent in court, you can first send a letter of formal notice from a lawyer, who might make him listen to reason. If nothing changes, and if your neighbor persists, you will be able to confront him in front of the tribunal d’instance, for abnormal neighborhood disturbance. But first of all, think about putting together an evidence file, with photos and various documents showing that you are indeed the owner of the garage in front of which the offender is parked. You can also have this situation certified by a bailiff’s report or by testimonies from other neighbors, for example.
Also read on Auto-Moto.com:
Inconvenient, dangerous, abusive parking: what’s the difference?
Double-file parking: allowed or prohibited?
Paris: paid parking for two-wheelers becomes clearer