My neighbour's car is too big for his drive and hangs over into mine -what can I do? Consumer lawyer DEAN DUNHAM KC, replies

My neighbour bought a car that is too big for his driveway and it hangs over on to mine. I can just about fit my car next to his but it makes it much harder to get out once I’ve parked as I can’t fully open my door. Do I have any rights?Name and address supplied.Yes, you do. Assuming you can establish exactly where the boundary lies, you appear to have a good argument that the overhanging part of your neighbour’s car is trespassing on to your property.The key legal principle is trespass. Your ownership of the driveway extends not just to the ground itself but the airspace above it, to the extent that is reasonably necessary for the ordinary use and enjoyment of your land. Driveway hog: A reader is fed up with his neighbour's huge car boxing him in his parking space (file picture)So if your neighbour’s vehicle crosses your boundary, that can amount to trespass regardless of whether all four wheels remain on his side of the boundary.There may also be an argument in private nuisance if the positioning of the vehicle substantially interferes with yourreasonable use and enjoyment of your driveway (if you have difficulty getting in and out, for instance). However, trespass is the more straightforward argument where part of the vehicle is physically intruding over the boundary.The sensible first step is to have a friendly conversation. Just ask him to reposition the car. If that doesn’t work, put the complaint in writing. Clearly explain where you believe the boundary lies and ask him to stop allowing the vehicle to encroach.Keep dated photographs showing the position of the car and, if possible, the boundary and the extent of the overhang. If the boundary itself is disputed, you may need evidence establishing where it lies. If your neighbour still refuses to move the car, you could seek a court injunction requiring him to stop the trespass. But start with the neighbourly approach – it is almost certainly preferable to a court battle. Council keeps missing bin collections, can I get a refund The local authority started charging me a yearly fee to collect my garden waste bin. So far this year it has missed three collections. Do I have a contract with the council and can I claim a refund?B.F., Cheshire.Yes, you do have a contract. Ordinary household waste collection is a statutory council service but garden waste is different. Councils can choose to operate it as a paid, opt-in service.When you pay, you are entering into a contractual arrangement. The fact that your service provider happens to be a local authority does not, by itself, take the arrangement outside consumer law. The Consumer Rights Act 2015 recognises that the activities of a local authority can amount to acting as a ‘trader’.Under the Act, a service must be carried out with reasonable care and skill and, where the contract does not specify a particular time, within a reasonable time. If those requirements aren’t met, a possible price reduction may be enforced.So, if you’ve paid for an annual service and the council has repeatedly failed to make scheduled collections, you have a good basis for asking it to put matters right. You’ll need to look at the council’s particular terms and its arrangements for missed collections, but a refund, credit or other appropriate remedy is certainly something you can request.Helpfully, the Local Government and Social Care Ombudsman has previously upheld complaints involving repeated missed paid-for garden waste collections and required the council to remedy it.So write to the council, list the dates of the missed collections and explain that you’ve paid for a service that has repeatedly not been provided. Ask it to arrange any outstanding collections and provide an appropriate refund or credit.If it refuses, use the council’s formal complaints procedure and, if necessary, take the matter to the Local Government and Social Care Ombudsman. It specifically says it can consider complaints about repeated missed garden waste collections.One final tip: Photograph your bin on each collection day, ideally with a time or date stamp, and keep a record of every missed collection and every complaint you make. This could prove extremely useful if the dispute escalates. This is Money podcast