A 75-year-old pensioner has lost her legal battle to reclaim her £575,000 home after a long-running dispute with her neighbour over parking escalated into a costly court case. The case highlights how minor disagreements can spiral into serious financial consequences.
Marie Potter moved into her home in Bennett’s Avenue, Shirley, Croydon, back in 1998. At the time, her neighbour Kirsten McGowan was already living nearby, and both families initially shared a friendly relationship. However, tensions began to rise years later over the way Mrs Potter parked her Ford Focus on a shared driveway, which her neighbour claimed blocked access to her garage.
The disagreement eventually led to legal action. In August 2020, Bromley County Court ruled in favour of Mrs McGowan, awarding her approximately £30,000 in damages along with additional legal costs. This brought the total amount owed by Mrs Potter to around £70,000.
When Mrs Potter failed to pay the amount, a charging order was placed against her property in December 2020. The situation worsened in December 2021 when the court granted an order for the sale of her home. By April 2023, a possession warrant was issued, leading to Mrs Potter being evicted from her property. Her belongings were removed and placed into storage, with the costs added to her financial burden.
Since then, Mrs Potter has been living in rented accommodation in Bromley while her home remains unsold. In a final attempt to reclaim her property, she approached the High Court in London, representing herself with assistance from a retired solicitor from her church.
She argued that the original order for the sale of her home was invalid, claiming that county courts cannot enforce such orders when a property has a mortgage or third-party charge exceeding £30,000. In addition, she sought over £250,000 in compensation for losses, including rent, storage costs, and a drop in property value.
However, Judge David Halpern KC dismissed her claims, ruling that the county court had full authority to issue the sale order. He clarified that courts can enforce such orders on properties with charges up to £350,000, making the original decision legally valid.
The judge described the case as a warning about the risks of prolonged neighbour disputes, especially for individuals without significant financial resources. He noted that the debt had continued to grow due to unpaid sums, interest, and additional legal costs.
As a result, Mrs Potter’s attempt to regain her home has failed, leaving her without the property she owned for over two decades and facing ongoing financial challenges.
