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

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

Author
Discussion

baSkey

14,291 posts

226 months

Thursday 3rd August 2006
quotequote all
it's clear why they became interested in you.

it's also pretty clear to me that LEGALLY you are not doing anything wrong.

for an opinion on the "aesthetic's" i'd need a photo! if i were your neighbour i'd probably say i thought you had a few too many vehicles (from description) for the property but hey and indeed ho!

baSkey

14,291 posts

226 months

Thursday 3rd August 2006
quotequote all
i'd leave out the last two paragraphs personally!

redgriff500

Original Poster:

26,870 posts

263 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 !

ChristianZS

2,640 posts

213 months

Thursday 3rd August 2006
quotequote all
Next time i see a single teenage mother with multiple childen i may just complain to the council saying i find it unsightly.. See if i can get them removed :>

C.

jasandjules

69,911 posts

229 months

Thursday 3rd August 2006
quotequote all
I personally would simply reply with:

Kindly advise under what legislation you have authority to act, including the Section.

Kindly also advise why you have requested personal information regarding my private finances. You will be aware that this may constitute an offence under the data protection principles. (They can only ask for suitable/relevant information)..

Then see what they say.

JMGS4

8,739 posts

270 months

Thursday 3rd August 2006
quotequote all
Don't forget to mention that you are talking to your solicitor about prosecuting them for harassment as there is obviously no legal basis for their meddling.......
feckin buroprattic jobsworths!!!!

thanuk

686 posts

263 months

Thursday 3rd August 2006
quotequote all
baSkey said:

it's also pretty clear to me that LEGALLY you are not doing anything wrong.


Indeed, the danger is could the council could get an ASBO imposed which would essentially criminalise this?

g_attrill

7,672 posts

246 months

Thursday 3rd August 2006
quotequote all
thanuk said:
baSkey said:

it's also pretty clear to me that LEGALLY you are not doing anything wrong.


Indeed, the danger is could the council could get an ASBO imposed which would essentially criminalise this?


I would be very suprised if a magistrate would issue an ASBO for that, and would personally donate to an appeal fighting fund.

Regarding HRA - it is Article 1 you are interested in:

HRA said:

ARTICLE 1

PROTECTION OF PROPERTY

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.


Gareth

Edited by g_attrill on Thursday 3rd August 11:40

redgriff500

Original Poster:

26,870 posts

263 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

baSkey

14,291 posts

226 months

Thursday 3rd August 2006
quotequote all
thanuk said:
baSkey said:

it's also pretty clear to me that LEGALLY you are not doing anything wrong.


Indeed, the danger is could the council could get an ASBO imposed which would essentially criminalise this?


good point.
surely it wouldn't get that far?.............!

LRdriver II

1,936 posts

249 months

Thursday 3rd August 2006
quotequote all
baSkey said:
thanuk said:
baSkey said:

it's also pretty clear to me that LEGALLY you are not doing anything wrong.


Indeed, the danger is could the council could get an ASBO imposed which would essentially criminalise this?


good point.
surely it wouldn't get that far?.............!


I dunno.. considering he is an easy picking for the "tough on crime"-targets and combating antisocial behaviour crap.. makes the local councils stats look good etc..

iaint

10,040 posts

238 months

Thursday 3rd August 2006
quotequote all
redgriff500 said:
I trust this answers your queries but if I can be of any further assistance please feel free to contact me and I will forward the request to my solicitor.

ipsg.glf

1,590 posts

218 months

Thursday 3rd August 2006
quotequote all
jasandjules said:
I personally would simply reply with:

Kindly advise under what legislation you have authority to act, including the Section.

Kindly also advise why you have requested personal information regarding my private finances. You will be aware that this may constitute an offence under the data protection principles. (They can only ask for suitable/relevant information)..

Then see what they say.


I agree - I would use this version. The more information you volunteer, the more digging they can do. Remember someone is being paid to deal with this from their side. You are having to use your own time. Tell them nothing!

Kentish

15,169 posts

234 months

Thursday 3rd August 2006
quotequote all
This is similar in the US.

You're not allowed in many states to keep a vehicle unless it is in current use.

Absurd!

rumpelstiltskin

2,805 posts

259 months

Thursday 3rd August 2006
quotequote all
What to do is give up being a good hard-working guy,start to kill next door's cats,assault your neighbour with a four foot solid wooden baton in broad daylight,leave a bin deliberatly full of rotting gutted fish outside neighbours door for two weeks!,play thrash metal music all day,take into consideration you're just out of prison for murder!This in the eyes of the council will then qualify you to do what in the hell you want!!!Well it did with my ex-neighbour and 'i' was at the end of the assault(and everything else),but to bring this more in line with your point,'he' also had a 13 foot caravan in his drive,a 16 foot boat in his front garden,two ginormous(yellow) tractor wheels in front of his house,four quad bikes in drive,three motorbikes in drive,a 10 foot trailer in drive,a jeep in drive,a 10 foot boat and a huge pile of junk metal!Tell the Council they are a*holes,or email me and 'i'll'tell them they are a*holes,i'll tell them exactly what my neighbour done and to leave you to f*ck alone!!There,now breeeeaaattthhhh,good luck whatever!

Edited by rumpelstiltskin on Thursday 3rd August 12:11

redgriff500

Original Poster:

26,870 posts

263 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

Twincam16

27,646 posts

258 months

Thursday 3rd August 2006
quotequote all
Actually, this reminds me of the legislation (thankfully blocked) that some idiot or other was trying to bring in a few years ago.

Basically, they wanted to give the council the power to tow away cars they deemed to be 'eyesores', and I'm not talking Laxxer wagons - I mean restoration projects.

Seriously, they were trying to alter the SORN to say that the car in question had to be roadworthy, which meant that if you were stripping down and rebuilding a classic car and didn't happen to have a garage the size of a house to do it in, they'd wait till you were on holiday and tow it away. If it was on Brainstorm's patch he'd probably do it for fun.

How can they do that even on environmental grounds? I mean, the car's not even running?!

I hope you tell 'em where to stuff it, Redgriff.

LRdriver II

1,936 posts

249 months

Thursday 3rd August 2006
quotequote all
in the US its a developers thing not the council that restrict the amount of cars on the drive. Reason being that they dont want clutter with 4 cars (typical family with teenage kids),a 50foot AAAARRRREE-VEEEEEE (Mobile home), a Bass boat(fishing boat) on trailer and the multitude of recreashunal vee-hick-eels that the surburbanite yank manages to accumulate.
Quite right to..
Tis funny though..the UK seems to be filled with hypocrites, bitch when somebody blights the landscape yet demands to do what ever they want on their land with complete disregard of their fellow neighbours.

pjskel

10,842 posts

227 months

Thursday 3rd August 2006
quotequote all
redgriff500 said:
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.
If there has been any complaint lodged, I would request you provide full details of said 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 information for my perusal.

You mentioned ‘Car Storage’ how does this differ from ‘Car Parking’? Could you please supply a legal definition relevant to the issue at hand.

I can confirm that I own the cars parked on my drive. All the cars at my property have a current MOT, all are currently insured, and all have been taxed at some stage this year when I use them and SORNed when I do not.
I have two P100 pick ups and a Mercedes Sprinter van, which I use in the course of my employment, and personal use.

I am very 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 legal requirement to furnish such information. I believe your request contravenes the Data Protection Act, and welcome information of the statute under which you believe you are entitled to such information.

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


This is the version I'd send them - not too confrontational and shows there's been more than a second thought given to their previous correspondence.
Hope you get to the bottom of it.

I'd also ask your neighbours, and not just the next door ones if they really have no objections, and if you could quote them as such in any further correspondence.
That way, you'll have the ammunition to counter any argument over complaints lodged.

I personally wouldn't have mentioned the tax and SORN stuff - bugger all to do with the council, that's a DVLA matter, and I'd guess they already have checked with them as to what vehicle taxing has been done.

I wonder if it is a case of the 25% discount for single occupancy or they suspect auto trade sales. It's hard to know until you get the next letter with more bones on the meat.
If the reply is still as vague, then call them on it including the names of those neighbours who unequivocally had no issue over the amount of vehicles in your driveway.

vladd

7,858 posts

265 months

Thursday 3rd August 2006
quotequote all
morebeanz said:
Am I the only one that thinks it's a reasonable request by the council?


I'm partly with you. It has been shown that people with lots of cars on their drives, especially if they are wrecks (which I know they're not in this case) can have a detrimental effect on house prices. I don't think it has anything to do with the council, but I can understand why the neighbours might be a bit upset.

If I were you I'd tell the council that you don't think you're doing anything wrong, but you understand the opinions of your neighbours. You're dissapointed that the neigbours didn't speak directly to you, but that if someone wants to pay for some secure storage for you somewhere, then you'll limit your drive to two or three cars at a time, in the spirit of being neighbourly.

Then I'd compain about one of your neighbours having too many kids and ask if they can have have some at home, some in care and rotate them on a weekly basis. :-)