VIC constant trespassing into driveway by drivers

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brennan

Member
28 September 2020
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Hi everyone

New here and not sure if this is the correct area to post.

I have been living on my property for over 35 years. Ever since the council approved to have a childcare centre up the corner of the street (I live 4 house down from it) and a bus stop I constantly have parents and bus commuters using my vehicle crossover zone (driveway apron footpath) for U-turns. Between 8 - 9am when the parents drop off their kids/bus commuters arriving to park on the street I get an average about 20 cars( not kidding here) using the crossover zone for u-turn. Again similar number between 5 - 6:30pm when they pick them up / bus commuters picking up their car. In some instances I get 4 cars in a row using the crossover zone for the U-turns. On a few occasions when I come home I have to stop in front of my house and let the car that was in front of me to reverse out of the cross over cause they were u-turning. However the major concern is some of these people drive their car past the cross over zone and into my drive way, before they start reversing backwards to complete the u-turn. In some cases their entire car (sometimes those big SUV) is 1 or 2 meter up my drive way.

These people are basically using crossover zone and my drive way as a thoroughfare.

I know the crossover zone is council land and there is nothing I can do to stop them doing this, but what about when they constantly go past the crossover zone and into my property (driveway)? When this started to happen more frequently a few years ago I would tell them stop it. I get the typical "F%^! OFF" or "its not your land" response. More recently not only they tell me to F%^! OFF but they take photos of my house. In a recent incident, instead of reversing out of my driveway, she drove further in, almost hit me and started filming me. As a result I have started taking photos of the cars and recording their plates. From my current documentation about 75% of these are repeat offenders.

I have contacted the council and police about this 2 years ago. The response from the council was if these events happen on your property they can't do anything about it, go call the police. The police response was unless someone get's hurt they can't do anything about it and I should also contact the council as they are responsible for the crossover issue. I have also contacted the childcare centre about this and there response was go talk to the parents.

Therefore is this true that the police or council can't do anything about it? And what is the limitation of trespass in this instance? And is it possible to fine these people?

I know the simple answer would be just install a fence and gate to stop them. However morally I do not wish to install a gate just to stop these selfish people behaviour as I never had to. And if I did install a gate, chances of that gate getting hit and damaged by these selfish people are high which means it probably only last a few years before I would have to repair or replace it.

Thanks