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

demonted

paddedjohn wrote: »

what would happen if you just moved your car into a different space every couple of days? It won't look abandoned then.

The HA have never suggested my car had being abandoned, nor does it look abandoned and prior to the TORT Notice being applied, the car was parked on the other side of the car park, so only been parked in current position for 7 days at the time.

The TORT Notice states; Tax car or remove it, otherwise the HA will remove it, at you expense on or after Thursday 11th.



Any reference with regard to abandoned cars, is in reply to comments, suggestion or opinions made within this thread.

atrixblue.-MFR-.

no right to tell you to tax it
no right to tow it
no right to interfier with your vehicle.
vehicle is not abandoned.

write them and EMAIL. all HA have Email to different departments yours is to your estate manager.

cant see TORT apply's here.

your car cant be causing a nuisance because it is not blocking anything, and parked in accordance to thier terms. only when it blcoks access or a fire escape footpath or parked accross 2 bays can the say it a nuisance.

they cannot implement a clause in the tenancy that doesnt exist.

so people should forget about storing as an excuse to remove its not in the tenancy it cant be used against the OP.

Joe_Horner

Right, step-by-step through this for you:

A notice under the Tort (Interference With Goods) Act is NOT claiming that you've committed a tort of any sort against them. It's a necessary step for them to avoid committing a tort against you if they subsequently remove / dispose of your car.

As a landord they have a duty of care for any goods left (and presumed abandoned) on their property. It's the same thing they would have to do if you were to vacate your property and leave belongings inside the house - they can't simply dispose of the stuff without giving you an opportunity to claim it first.

In this case they're clearly treating the car as abandoned property. Where goods are abandoned on someone's property, that person becomes a bailee of the goods and has a uty of care towards them, whether they have agreed to look after them or not. The notice provides them with a way of informing the unknown (at the time the notice was attached) owner that they require that duty of care to be ended by the goods (in this case a car) being removed from their property. They also provide the option of letting them know it's not abandoned by taxing it instead. This is a better system for everyone (except DVLA) than them buying the RK details and writing to you.

Now that you've notified them that it's not abandoned they would be on dangerous ground proceeding with removal under this system without a court order authorising it.

On the other hand, you would need to be absolutely sure that there is nothing anywhere in your tenancy regarding having untaxed cars in their car parks - not just the original document, but also any updates you may have been notified about over the past 10 years that you're deemed to have accepted by continuing to live there. I would personally be amazed if there isn't because it's a standard clause in every single HA tenancy I've seen and most private ones where private parking is available.

It's essential that you're 100% sure because, if it's not allowed, it would give them grounds to apply for eviction. They may or may not succeed (breaching a clause like that wouldbe unlikely to get an automatic eviction order from a court) but, if you're feeling agrieved and stressed now, just wait till you get the notices for that!

Who is the HA concerned? Many of them have their current tenancy agreements available online.

demonted

Thanks to everyone who has taken the time to compile consice and knowledgable replies, much appreciated.

My predicament is more than just a dispute with regard to the tax of mu car, it aprinciple, due an unauthorised organisation enforcing conditions beyond that of the Police, Council and DVLA.

Using the the threat to move my car and any cost incurred by doing so plus storage fees to make me play ball.

My car is of value to me and I dont want it moving by recover type truck unless I instruct it and supervise such a move for my own reasons.

My main concern if for the future, during the last few years I have been very I'll due to a long term illness, only a few months ago, I was so I was very nearly admitted to hospital.
Close to two weeks I remained indoors, then I had to stay where someone could assist me, at a place which is quite a distance from my home. This flare up of my condition last nearly 3 month and I was away from my home for at least 6 weeks, luckily on this occassions the road tax on my car, in the car park had not expired.

Prior to this, during another flare up, I was rushed to hospital, eventually having an operation. I remained in hospital for 3 months, when discharged, I stayed at my then girlfriends house for at least 3 or 4 weeks before I returned to my home.

On my return home, I discovered my road tax on that car had expired two months earlier, while I was in hospital, by a similar period as the tax has expired on my current car.

My fear and worry for the future, should I be admitted into hospital like last time and the road tax expires again, on my return some months later, not only do I find my car gone but I'm also in debt for removal and any storage charges ?

I can't see how the HA have such powers to treat a resident like this.

Norman_Castle

My fear and worry for the future, should I be admitted into hospital like last time and the road tax expires again, on my return some months later, not only do I find my car gone but I'm also in debt for removal and any storage charges ?

I can't see how the HA have such powers to treat a resident like this.

You need to make a formal complaint. Explain how your attempts to discuss this have been denied, hence the complaint. Include your understanding that access to a parking area should not be abused. State that your car is insured and roadworthy and that you fully expect to tax it in the near future. Inform them of your possible absence due to illness. Inform them your car has not been abandoned and must not be considered abandoned now or at any time in the future without your agreement and advise them its removal will be considered theft as advised by the police and council.
Try not to provoke an argument. Agreement between you and them will be easier.

Joe_Horner

demonted wrote: »

My predicament is more than just a dispute with regard to the tax of mu car, it aprinciple, due an unauthorised organisation enforcing conditions beyond that of the Police, Council and DVLA [....]

I can't see how the HA have such powers to treat a resident like this.

The powers they have are nothing specifically to do with cars (so not to do with what the DVLA ect can do). They're the same powers that any land-owner has regarding items on their land which they don't want there.

At least they tend to play "by the rules" and give proper notice (according to the law) rather than simply moving things without any warning!

The critical part here is whether or not there is anything in your tenancy (including any ammendments since you signed it) which would stop you keeping an un-taxed car there. They clearly seem to think there is and, without the tenancy agreement, there's no way for any of us to know if they're right.

One avenue to consider is whether your long-term illness would qualify you for the mobility part of Disability Living Allowance (while it still exists). If it would then you may be entitled to tax under the disabled class at no cost, which would remove any problem with keeping it taxed while you can't use it.

That won't be much direct help in the immediate situation but it might make things easier in future. If you think you might qualify then letting the HA know that you're in the process of applying would also make it a little harder for them to justify any further action now as "reasonable" in the circumstances.

maninthestreet

Don't be surprised if the HA inform the DVLA of the location of your untaxed, but SORN'd vehicle and the DVLA clamps it and/or tows it away, claiming the car park is not private property. Once they have your vehicle, they hold all the aces...

rxbren

if your not likely to use it in the near future due to your illness you may as well sell the car and stick the money in a savings account till you can be well enough to drive again and get another car

Paperbird

maninthestreet wrote: »

Don't be surprised if the HA inform the DVLA of the location of your untaxed, but SORN'd vehicle and the DVLA clamps it and/or tows it away, claiming the car park is not private property. Once they have your vehicle, they hold all the aces...

Before they clamp or tow they check with the LA and they have confirmed it's private land so DVLA would not touch it.

demonted

I have written confirmation from council that the car park is private property and does not form part of the adopted highway.

The HA have confirmed car park is private property.

I have photos of the car park sign stating Private Car Park, Residents Only. I'm a resident.

I have tenancy aggrement with only brief mention of use of car park and there is no clause stating cars parked there must have road tax.

The HA admit its not contained in tenancy agreement, as agreement relates to my home not the car park.

However, if there are amendment made to the tenancy, then why not explained this to me and show prove of such clauses.

New laws came into force on 1st October 2012 which prevent cars from being removed from private Land and or placed into a compound incurring storage charges.

Government gives option to declare car off as long as car on private land.

Although I've been ill and can be any time in the future, I don't claim disability living allowance, especially the mobility element.

Regardless of all the above, the HA has no right to move property without my permission, just like repossession of any item or house, the HA requires a court order.

Bear in mind, if this was as black n white as some would suggest, why does it take months, sometimes years to remove travellers and their car from Council and or private land.