Help - Council Trying To Stop Me Parking My Cars On My Drive

Help - Council Trying To Stop Me Parking My Cars On My Drive

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redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Ok, so I live in a snotty area...

I am a builder so I have 2 P100 pick ups and a small van...

but I don't think that's the problem... I think it's because I also have 3 MX5's (1 supercharged, 1 turbo, 1 std) a VR6 and a Prelude Vtec.

However they are all tidy all MOT'd and all on my drive.

I have asked my immediate neighbours and they say they are happy enough.

However the council say I have 'a materially excess number, of what could normally be considered reasonably incidental to the occupation of the dwelling'

Well so what, I like cars...

I don't like looking at fat or ugly people but I don't get the council to try to ban them...

So has anyone come across this before and what should I do ?

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Yes it has a big drive, that's why I bought it.

It is a 4 bed det. and I do live here alone (no wife or kids... that's how I can afford my toys !)

They say they have had complaints, as people don't like to look at them !!!

I don't like white cars or metros... but they won't ban them !

So the complaint is 'you have too many cars and people don't like to look at them'

I did point out that I could legally park them all in the road which would really piss everyone off and I'm tempted to do (wide, tree lined, no one EVER parks in the road) but whilst that got rid of them for a few months, now they are on my case again.

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Ok having re read their letter... which I'm fuming about...

They say that it's because 'Car Storage' is against the planning rules...

They want details of my mortgage, all the car info etc apparently it is illegal not to supply it all within 21 days...

Now I will admit that whilst they are all MOT'd, some are not taxed (although they have all been this year) as I get bored with one, I SORN it and tax another.

I thought that was my freedom of choice...

Of the 8 cars, at least 4 are taxed at any one time.

Which pisses me off too as I can only drive one at a time and I pay £740 min per year in road tax !

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
GKP said:
I take it all the V5s are in your name and at your home address?


I was just thinking that... probably not as I only just moved here... better get that sorted fast...

no doubt something you can get fined for as well...

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
BliarOut said:

To get them on the back foot, is it possible to swap which vehicles are SORN'd? That will defeat the 'storage' claim and will greatly strengthen your case.


Thanks... I was thinking about sending a letter rather than diectly answering all the questions

I was also thinking about taxing them all before sending the letter... then at the time of writing they are all taxed, but that costs me £60...

so your idea of simply swapping the 4 over is probably better.

What ever happened to them gathering evidence and when they could PROVE you were doing something wrong they then acted ?

You know, innocent until proven guilty...

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Jared_m said:
Also mention the HRA...


HRA ???

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
[quote=ean218
No, I would tend to agree that 2 P100s and a van do not make sense as domestic vehicles and you also say you are a builder. If you are running a business from home and using those premises to store these vans then you may end up opening a very big can of worms to do with planning, commercial business rates etc.

Surely for your business you cannot drive these three vehicles at once, therefore you must be employing other people to drive them and if they come to your house to get them you haven't got a leg to stand on.

quote]

No I drive them, P100's for long lengths, Van for security if working in crappy areas, depends upon the job, second P100 is a 2.8 4x4 which I generally use but it won't take a ton any more, hence needing the second one.

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
I have drafted a quick letter :

DELETED : see later draft... trying to limit the useless stuff.



Edited by redgriff500 on Thursday 3rd August 11:50

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Probably right....

But like I said I'm angry...

Hence I won't send anything until I've calmed down...

Part of the reson for posting I guess...

To vent some of it...

Better than punching someone !

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Ok, bit calmer now, how about this version (Edited to include recent posts) :

I believe that your letter may contravene the Data Protection Act and also Article 1 of the Human Rights Act, please confirm that it doesn't.

I refer you to our previous conversation, I have spoken on several occasions to my nearest neighbours and they have all confirmed that they do not have an issue with my cars.

I do not believe there have been complaints and I request you substantiate your claims.

Even if there have been complaints, I am unaware of any law that restricts the number of vehicles an individual is entitled to own or park upon his own property, but if such legislation exists, please forward me the relevant details.

You mention ‘Car Storage’ how does this differ from ‘Car Parking’ please supply a legal definition.

I can confirm that I own the cars parked on my drive, except for any visitors or if I have borrowed one from a friend / family… I am still unaware that this is illegal.

ALL the cars at my property have a current MOT, ALL are currently insured and ALL have been taxed at some stage this year as ALL are being used to some extent. As I tax vehicles when I use them and SORN them when I don’t this changes depending upon my mood and which vehicle I choose to drive.

Hence if I answer your questions today the answers may be different tomorrow, I don’t keep the same cars constantly on my drive, but on average I have 7 of which, on average 5 are taxed.

I have 2 P100 pick ups and a Mercedes Sprinter van which I use in the course of my employment as a self employed property developer, but I also use them to move my Jetskis and trail bikes so they are used for both business and personal use.

I am concerned by your request for details of my mortgage. That is a private financial arrangement between myself and my lender and I am not aware of any applicable law that requires me to furnish that information to yourselves

Please inform me of the statute under which you believe you may be entitled to request such information.

In conclusion should there be any requirement to limit the number of vehicles I can park on my drive, I would have no alternative than to park them in the road, which I would be loathe to do as that would inconveinience my neighbours, increase the risk of road accidents and increase the risk of theft / damage to my vehicles.

I trust this answers your queries but if I can be of any further assistance please feel free to contact me.


Edited by redgriff500 on Thursday 3rd August 11:57

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
I know... but if they picked on him they might get hurt...

Currently I'm too nice...

But hey a few more hassles and I might be scouring the internet for the 'bomb makers cookbook'.

If I get myself on the 'Terrorist Threat' list they might just leave me alone...

Or shoot me 5 times in the head as I get on the tube.

Hmm... I might have to rethink that.

Edited by redgriff500 on Thursday 3rd August 12:24

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Exactly, I would understand if I brought my Manta and sierra projects up here as they look abandoned...

But I bought a wreck of a house and spent £40k on it... my next door neighbours is falling down (they have had complaints about it) but I think live and let live.

I had a copper around the other night as some kids had damaged my van and when some cars went by with load exhausts and stereos she asked if I wanted to make a complaint.

NO... we all did it when we were young and dumb.

What happened to tolerence... and how much is really needed in this case ?

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
That's what I might have to do...

But that's hassle to me AND my nieghbours and you can bet they'd moan about that !

In fact around here where no one parks on the road (all have drives capable of taking 4 or more cars) I think I'd be annoyed if someone regularly parked outside my house...

still wouldn't call the council though.

Regarding vans, I agree they can look out of place so I park them in a line alongside my house (double drive) so they are hardly noticeable... I'm a reasonable guy trying to do what I can.

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
It might be worth a try !

;o)

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
pentoman said:
thread worthless without pics etc


Not really as I'm asking what is my / their legal situation.

However to show how resonable I am, hopefully there is one below :



Note this is taken from the worst angle... building work isn't complete... front wall to go up etc.

Most people would never see the van, I own the trees (which I want to take down) then there's a road as I'm a corner plot.

Here is what most would see:



Edited by redgriff500 on Thursday 3rd August 15:22


Edited by redgriff500 on Thursday 3rd August 15:30

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Beefmeister said:
I wouldn't say its worthless, but i'd certainly like to see a pic of the 'offending' cars etc, if only to see a pic of your fettled MX-5's!!


Well a couple here but they arent of the best 2:








redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Here is what it looked like a year ago :

Been vacent for 5 years... smashed windows ...



When I cut the trees down they all loved me... for about 5 minutes !

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
Well I want to sell the std MX5 and the Lude and the VR6 and get a 535 but if I tell the council that they'll say I'm trading from home !

Animals etc no good for real builders... sheet size is 8ft x 4ft and my 2.8 4x4 P100 is FUN !!!

I'll admit it's not fantastic but it is work in progress... can't build the front wall until I get planning for a house on the side.

Edited by redgriff500 on Thursday 3rd August 15:40

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
The P100 is on the drive, I leave it tight there so it's hard to sneak around the side of it, as I have had kids try to steal a P100 and graffetti on my van.

I did park them further back and they complained I was parking cars in my garden.

I did point out you don't need planning to extend your drive...

I'd put a temporary fence up but they object to that to...

anyone who doesn't work 9-5 and get their car serviced by a dealer etc is considered a problem...

until they need someone like me to catch a burglar, fix their car or advise on their house.

redgriff500

Original Poster:

27,566 posts

269 months

Thursday 3rd August 2006
quotequote all
My immediate (3 over the road, 3 to the left of me) are fine and we have a chat regularly.

I don't know the others and the council refuse to say who, or how many are complaining... but most of the area was happy to have free slabs and logs when I was giving them away.

But it is an 'old biddy' area and they don't like change - been told this by the police and council.

Just wait 'til I put in the planning for my new house... I expect petitions and everything !