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

demonted

Sgt_Pepper wrote: »

Their land their rules.

If you don't like it move.

If I can't afford to tax my car how do you expect me to move.

And before you say it, why should I be forced to sell my car.

If you're going to have that kind of attitude then dont bother replying.

Just hope one day something like this happens to you, then maybe you won't be so flippant.

I won't reply to any more post from Sgt pepper.

I can't understand why you even bother to frequent such a forum in the first place.

Sgt pepper, para cap badge, I bet !

colino

You are creating an obstruction by preventing someone else parking there.

Paradigm

McKneff wrote: »

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.

I haven't read the new act properly yet but the changes seem to mean that the car can't be clamped, towed or removed..... to do so would "seem" to be against the law.

TrickyWicky

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.

It's a scare tactic. I had a similar letter from my local council a couple of months back for a car I have on a neighbours privately owned drive WITH permission. The neighbour of that neighbour got a bee in her bonnet and got the council involved. They didn't even ask the owner of the land if I had permission and sent me a letter implying big fines, jail time, costs incurred for the scrapping of the car (yet mentioned nothing directly about removing it) etc.

demonted wrote: »

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.

This is where you need to be careful though. If you have parking in your agreement in that car park you'll be ok. If you don't they do have a leg to stand on but they still cannot immobilise your vehicle. You'd do well to point them to the new freedoms bill which explicitly states that they cannot immobilise a vehicle by clamp OR removal.

To put it bluntly, they're legally powerless. If they remove your vehicle they've committed a criminal offence of vehicle immobilisation and theft.

demonted wrote: »

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.

And this is correct. The police and LA won't deal with this unless the council (LA) gets a specific report of an abandoned / untaxed vehicle only then can the LA themselves deal with it. The police will not. Even then if you have an agreement in your contract that allows you the use of a parking space with no untaxed clause they will back down as soon as you respond to them.

demonted wrote: »

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

Tell them to consult a solicitor about the new bill of freedoms and the outlawing of vehicle immobilisation by clamp or removal. They have no power now.

demonted wrote: »

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

Then you also have to insure it too to keep the DVLA off your back.

demonted wrote: »

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.

...

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.

Mate they now have ZERO power to remove your vehicle. They're taking themselves too seriously.

What they're trying to do is deter people dumping unwanted cars there (understandable, no-one likes old wrecks that aren't used hanging round) but they're doing it in the wrong way. Remind them of your health issues and that any further concerns should be dealt with upon your recovery and ability to return to work. That should at least show them that you yourself want it taxed up and used in the future.

peter_the_piper

colino wrote: »

You are creating an obstruction by preventing someone else parking there.

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.

TrickyWicky

Sgt_Pepper wrote: »

Their land their rules.

If you don't like it move.

I still don't know if you're a real copper or just a wannabe..

If you are a real copper you need to stick to that not parking enforcement which is nothing to do with you. Half the time the police get parking enforcement completely wrong anyway so i would suggest you stay out of it Sgt Pepper and stop being so insulting to people. Cops like you who just assume the worst of everyone are what is dragging the reputation of the police down the pan. You need to learn some people skills. Be nice, don't always see the worst in people and perhaps your world will become a nicer one.

McKneff wrote: »

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

Bearing in mind that only the government can create new laws and Local Authorities can create bylaws, how does a private land owner determine what is parked legally?

A car has to have road tax and insurance to be on the public highway legally. On private land there is no such requirement.

colino wrote: »

You are creating an obstruction by preventing someone else parking there.

Re-read what the op said. Big 20 space car park, 10 cars use it at most, by my maths thats 10 spaces that are empty. How is that causing an obstruction?

demonted

Ive been very reasonable with Housing Association, this issue only became apparent mid week and Housing !!! only returned my call on Friday.
!
The Housing !!! are being very rude and heavy handed, whenever I question what right they have to move my property they become very defensive, won't explain and in their own words "terminate the call", so I get no where.

As for the council; the Highway Dept, Civil Enforcement Dept and Parking Services all confirm that the car park is private land and does not form part of the adopted highway.

Once I stated this to the Housing !!! and provided written confirmation, the Housing !!! also agreed it is private land, yet still insist my car will be removed if not taxed.
!
The Police Traffic Divsion and DVLA state the Housing !!! have no legal jurisdiction to force me to purchase road tax.

As for removing the car, the Police and Council state the Housing !!! will be breaking the law, as it is tantamount to theft !

The Police also gave example that should a car be parking on someone's private drive way, technically the home owner can not move the car as that too would be regarded as theft ?

s_b

if its not taxed then its not insured is it so maybe they are concerned that if it self combusted or something and burnt the housing complex down for example then unless you have unlimited funds they might find their own insurers wont cover?

i don't know demonted, just throwing reasons to be cheerful part 2 into the pot

McKneff

TrickyWicky wrote: »

I still don't know if you're a real copper or just a wannabe..

If you are a real copper you need to stick to that not parking enforcement which is nothing to do with you. Half the time the police get parking enforcement completely wrong anyway so i would suggest you stay out of it Sgt Pepper and stop being so insulting to people. Cops like you who just assume the worst of everyone are what is dragging the reputation of the police down the pan. You need to learn some people skills. Be nice, don't always see the worst in people and perhaps your world will become a nicer one.



Bearing in mind that only the government can create new laws and Local Authorities can create bylaws, how does a private land owner determine what is parked legally?

A car has to have road tax and insurance to be on the public highway legally. On private land there is no such requirement.



Re-read what the op said. Big 20 space car park, 10 cars use it at most, by my maths thats 10 spaces that are empty. How is that causing an obstruction?

I believe you will find that you are missing a couple of words in the above.

It is 'On YOUR OWN private land there is no such restriction.

All they have to do is slap a 7 day notice on the windscreen, if it'[s not moved at the end of that time, one day it will be gone............

Paradigm

s_b wrote: »

if its not taxed then its not insured is it

Why do you say that?