A homeowner living on a private road next to a popular beach has asked whether it is legal to put up a 'do not park' sign and traffic cones to stop visitors blocking their driveway, after tourists began parking outside the house once the nearby car park filled up in summer.
The reader said that when they are expecting visitors, they ask tourists not to park outside their home, and that this sometimes results in abuse. They put the question to Dean Dunham KC, the consumer rights expert who writes an advice column for the Daily Mail and This is Money.
Dunham said the answer depends on who owns the road and the land outside the house.
Who owns a private road?
Private roads are not controlled or maintained by the local council but by the people who live on them, which gives residents greater rights over how they are used, Dunham said. Some private roads allow the public to walk and drive down them, which he said appeared to be the case on the reader's street, while others block access with gates.
Can you put up a sign?
Dunham said some homeowners own the land outside their property, while in other cases it belongs to another individual, a management company or all the residents jointly, with details set out in the property's title deeds or Land Registry records.
If the homeowner alone owns the land, he said, they can usually erect a sign stating that parking is not permitted or that the area is private. The sign does not create a legal right, he said, but it makes motorists aware that parking without permission may amount to trespass, and often deters people from parking without any confrontation.
Traffic cones need more caution, according to Dunham. They can generally be placed on land the homeowner owns to discourage parking, provided they do not obstruct anyone else's legal right of way or interfere with access, but should never be placed on land the homeowner does not own or on a public highway.
If someone ignores the signs and parks anyway, Dunham advised against taking matters into your own hands. Blocking a vehicle in, clamping it or arranging for it to be towed away could expose the homeowner to legal liability, he said. He added that a polite sign, combined where possible with a co-ordinated approach involving neighbours or a residents' management company, is often the most effective solution.
Majorca hotel without promised air conditioning
In a separate letter, a reader identified as D.P., from Ledbury, said they had booked a holiday to Majorca through an online travel agent whose listing stated that the hotel had air conditioning. On arrival, the hotel did not have it.
D.P. said it was very warm and they could not sleep, so they complained to the hotel manager, who said the hotel had never had air conditioning. The travel agent told D.P. it was a mistake and that it could not do anything.
Your rights when a holiday is not as advertised
Dunham told D.P.: "Let me reassure you straight away: 'It was a mistake, there's nothing we can do' is not an answer your travel agent is entitled to give." He said the agent was firmly on the hook, because the listing formed part of the contract.
Since D.P. booked on the strength of a hotel described as having air conditioning, that became part of what they paid for, Dunham said. A hotel without it meant the holiday was not as described, and an honest mistake was no defence, since a trader is responsible for the accuracy of what it advertises whether the error was deliberate or careless.
Dunham said that under the Consumer Rights Act 2015, services must match their description, and when they fall short, the customer is entitled to a remedy, in this case a price reduction reflecting the gap between what was promised and what was delivered.
He added that under the Package Travel Regulations 2018, which apply if flights and hotel were booked together as a package, the organiser is liable for elements that are not as described or fall below standard, regardless of where the fault lies.
Dunham said air conditioning in a Majorcan summer goes to the heart of whether a guest can rest and enjoy their stay, and that disturbed sleep is a real and compensable loss. He advised D.P. to put a claim in writing to the agent, stating that the room was mis-described, citing the Consumer Rights Act 2015 and the Package Travel Regulations where relevant, and requesting proportionate compensation, attaching the original listing showing air conditioning plus photos or booking paperwork.
If the agent stonewalls, Dunham said D.P. should check whether it belongs to the industry body ABTA and escalate the complaint. "Do not accept that brush-off!" he said.
