URGENT Housing Association, threaten to remove my car from residents car park

demonted

I'm a Housing Association resident, my property is managed and owned by the Housing Association, I have been a resident!for at least 10yrs. During that time I have use the residents car park to park my car.!
No terms or condition have ever been imposed and no signs displays any terms, other than " Private Car Park For Residents Only "

When the Road Tax on my car expired at the end of July 2012,!
I declared my car as SORN with DVLA.

However, last week a notice was placed on my vehicle stating my car will be removed and disposed of at my expense if not Taxed or removed by myself by Thursday 11th Oct 2012.

I have attempted to question this with the Housing Association, initially they claimed it is within my tenancy agreement, until I stated it wasn't, then they claimed its private land and the tenancy agreement doesn't include the car park or communal areas although I have permission to do so.

I have since contacted the Police and Local Council, who both state the Housing Association can not move my car due to its lack of road tax, nor can they !force me to tax my car as the car park is private land and does not form part of the adopted highway.

I have also obtained writing confirmation from the local Council that the car park does not form part of the adopted highway.

However the Housing Association insist they will remove my car on or after Thursday if a valid Tax disc is not on display.

Although some forum members may advice I should just tax my car, well that's not the point !

At the moment due to long term illness I can't afford to do so.

!Also, not so long ago, while residing at the same property I was rushed into hospital, where I remain there 3 months, when discharged, as I required assistance, I stayed at my then girlfriends house for a few weeks.
On my return home, I discovered the road tax on that car had expired, however, on that occasion, a notice to remove or tax my car had not been issues.!
While in hospital, I wasn't even aware the road tax had expired and the DVLA accepted my reasons and waived any penalties and I taxed that car.

So, back to current predicament, imagine I had been in hospital again, notice to tax or remove car issues in my absence, I return home to find my car gone and a bill for removing it and possible storage cost ?

Imagine I had injured my back or had broken my leg and for whatever reasons, unable to drive when conincidently the road tax expires. It's my believe most people would think, what's the point of taxing my car, I can't use it, !it's off the road in a private car park, I'll declare it has SORN with the DVLA.

Well, thats is exactly what I have done.

My car is currently parked neatly and appropriately, it is not causing an obstruction, nor is it an old wreck and looking unsightly.

So, what powers does the Housing Association have to remove my car ?
I'm not in a position to be able to !move my car elsewhere, I can't afford to store my car elsewhere either.

colino

As I doubt if they have a regular patrol, they will be reacting to another tenants complaint about you using a car parking space for storage.

demonted

Sorry for all the exclamation marks or any other strange character that appear, they were not in the original draft, only appeared when thread submitted, hope is doesn't cause too much confusion.

Sgt_Pepper_2

Their land their rules.

If you don't like it move.

DUTR

demonted wrote: »

I'm a Housing Association resident, my property is managed and owned by the Housing Association, I have been a resident!for at least 10yrs. During that time I have use the residents car park to park my car.!
No terms or condition have ever been imposed and no signs displays any terms, other than " Private Car Park For Residents Only "

When the Road Tax on my car expired at the end of July 2012,!
I declared my car as SORN with DVLA.

However, last week a notice was placed on my vehicle stating my car will be removed and disposed of at my expense if not Taxed or removed by myself by Thursday 11th Oct 2012.

I have attempted to question this with the Housing Association, initially they claimed it is within my tenancy agreement, until I stated it wasn't, then they claimed its private land and the tenancy agreement doesn't include the car park or communal areas although I have permission to do so.
So, what powers does the Housing Association have to remove my car ?
I'm not in a position to be able to !move my car elsewhere, I can't afford to store my car elsewhere either.

They can have the vehicle removed, it is often in T&Cs for dwelling agreements.

MamaMoo_2

If it's their car park, you have no right to park there, unless it's explicitly stated that you can in your tenancy agreement. There issue may be that rather than using it just for parking, you are using it for storage.
I live in a HA house, and I have one car parking space allocated for my house. My tenancy agreement states that the space must not be used to store any vehicle that is untaxed.
As the car park is their private property, they have the right to dictate how it is used, and if they do not want your untaxed car there, that's their choice. You can choose whether to accept their rules and tax your car, or you can move your car somewhere else.
I'd also ignore your council, they can be a bit clueless. They told people on neighbouring roads to mine that they could park in our parking spaces (that form part of our tenancy!). When we pointed this out, they said the two guest spaces we have (for 4 houses) were up for grabs. We complained again, and in the end we had to get the HA to send letters out to the neighbouring roads stating that these spaces were allocated, and that the un-allocated guest spaces were for guests of our houses only!

Paradigm

demonted wrote: »

However, last week a notice was placed on my vehicle stating my car will be removed and disposed of at my expense if not Taxed or removed by myself by Thursday 11th Oct 2012.

I have attempted to question this with the Housing Association, initially they claimed it is within my tenancy agreement, until I stated it wasn't, then they claimed its private land and the tenancy agreement doesn't include the car park or communal areas although I have permission to do so.

Have you read the Tenancy agreement? Are you sure it's not mentioned?

Edit: Things changed on the 1st October RE: parking on private land.

zee_2

was in similar situation a few years ago,major trouble with spine ,so left my van in assn. car park. one of other tennants worked in assn. and police came to door, I had to pay fine and unpaid road tax [before sorn and van was insured ] when well I discovered that the police had no authority to fine me as van was on assn. land not council land ,BUT no system in place to refund fine I paid.

demonted

There is no regular patrol, no parking permits, no barriers, no gates, no car park management Co employed either.

Its a huge car park, big enough to park at least 20 cars, yet normally only ever 8 residents cars parked at night, sometimes 10, during the day, only ever 3 or 4 cars parked, including mine, any more than that, normally contractors, health visitors, residents family or friends.

Not been reported by residents, another resident appears to be a part time car dealer, he had badly accident damage vehicle near my car, housing officer inspecting this noticed my car without tax.

Housing Association not mention storage, just no road tax, but for whatever reason, what right do they have to remove my car ?

Within the tenancy its briefly stated I have right to use the car park to park a car, there is no mention in regard to the car having to be taxed.

The notice issued is referred to as TORT (Interference with Goods)

Since 1st October 2012 it is illegal to clamp or tow away a vehicle from private land.

It's my belief that the Housing Association are being unjust, after all I'm a resident.

If my car was causing an obstruction, damaged and or looking unsightly due to its condition, then I would agree with their action.

What I require, is what right does the Housing Association have to threaten to and or remove my property?

And other than taxing or removing my car myself, what can I do to prevent it ?

The Housing Association can not enter my home and remove my property and my car is worth a damn sight more than anything contained in my home, so why can they threaten to remove my car for not having road tax, when the DVLA, Police and Council accept I have followed correct procedure.

McKneff

And other than taxing or removing my car myself, what can I do to prevent it

Its their land, and their rules.
It isnt any different from parking it indefinitely in the nearest pub car park, they would tell you to remove it from there too, because it is their land.


The permission that you have is to park there 'legally'

You really dont have a leg to stand on.

AlexisV

On the face of it, it's their private land and they have the right to ask you to stop using the land.

The POF Act complicates things for them though.

How long are planning on keeping the car there?

You might wish to send them a copy of the POF Act and ask under which law they are intending to remove the car under?

You might be best explaining the situation in writing and at least appear to be being reasonable.