Full Breakdown
Legal Battle Over Shared Driveway Leads to Eviction of Pensioner
3/9/2026, 11:29:38 PM
Background of the Dispute
Marie Potter, a 75-year-old pensioner, is engaged in a legal struggle to reclaim her home in Croydon after being evicted due to a protracted dispute with her neighbor, Kirsten McGowan. The conflict began in 1998 when Potter moved into her property on Bennett's Avenue, where McGowan already resided. Initially, their relationship was amicable, but tensions arose over Potter's Ford Focus, which McGowan claimed obstructed access to her garage via their shared driveway.
Court Proceedings and Eviction
The dispute escalated to a hearing at Bromley County Court in August 2020, resulting in Potter being ordered to pay approximately £70,000 in damages and legal costs to McGowan. This debt was subsequently charged against Potter's home, which was valued at around £530,000 at the time. In December 2021, McGowan's legal team secured an order for the sale of Potter's home, leading to her eviction in April 2023. Following the eviction, Potter's belongings were removed and placed in storage at her own expense.
Current Legal Challenge
Now living in rented accommodation in Bromley, Potter is challenging the validity of the county court's order that led to her eviction. She argues that the order for sale was beyond the powers of the county court judge, citing a rule that prohibits enforcement of such orders when a third-party charge exceeds £30,000. Potter is also counterclaiming for over £250,000 in compensation for her losses, which include rent, storage costs, and a depreciation in her property's value of over £100,000.
Legal Arguments Presented
During the recent hearing at London's High Court, Potter's barrister contended that the county court's order was unlawful due to jurisdictional limits. In contrast, McGowan's barrister, Jonathan Edwards, argued that the order should remain valid, citing two pieces of legislation regarding property charges and orders for sale. Edwards maintained that the law allows for county court orders for properties with charges up to £350,000, countering Potter's claims.
Judge's Consideration
The presiding judge, David Halpern KC, acknowledged the significance of the legal points raised and reserved his ruling after a full day of hearings. He noted that if Potter successfully demonstrates the jurisdictional issue, she could have the order set aside, but this would not invalidate actions taken under the authority of that order.
Conclusion
The outcome of this case remains uncertain as the judge deliberates on the legal complexities involved. The dispute highlights the challenges faced by individuals in property conflicts, particularly when legal proceedings lead to significant personal consequences, such as eviction and financial loss.
