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

TrickyWicky

demonted wrote: »

Ive been very reasonable with Housing Association, this issue only became apparent mid week and Housing !!! only returned my call on Friday.
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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.
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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 ?

All of which is correct so what are you worried about?

The moment they try to remove your vehicle you call the police. The tow truck man gets arrested for attempting to immobilise a vehicle / steal it.

Yes the police are also correct about private driveways. The only time they will remove a car from a private drive is if is blocking the residents access to the public highway (in other words stopping you getting your car on the road). They won't do anything if its stopping you getting INTO your drive though.

demonted wrote: »

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.

Again, correct. That doesn't stop them poking their nose in and removing vehicles if the land owner complains though but if you have a legal right to keep the car there the council will soon back track. Best bet in this scenario is to put a notice in the vehicle along the lines of:

"Police, Council and DVLA staff:

This vehicle is parked here with permission from the land owners. It is legally delcared SORN with the DVLA. This land is privately owned and is a residents car park and not a public place. Further, enquiries have been made with yourselves who have confirmed this.

If you are a private contractor attempting to remove it you are in breach of the new freedoms bill which came into force on 1st October which prohibits you from immobilising this vehicle by clamp or removal.

<Contact details>"

[Deleted User]

s_b wrote: »

if its not taxed then its not insured is it

How do you know that?

joolsybools

Bedsit_Bob wrote: »

How do you know that?

Because insurance is invalidated if there is no valid tax disc isn't it?

TrickyWicky

McKneff wrote: »

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.

Land owners can not make their own laws. Therefore the car is not illegally parked whoevers land it is on as long as it was permitted to be there. How it was permitted to be there is irrelevant because it was not unlawfully put there as there was no law that said it must be taxed and insured to be put there.

McKneff wrote: »

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............

Then that is theft.

TrickyWicky

joolsybools wrote: »

Because insurance is invalidated if there is no valid tax disc isn't it?

No, it could have laid up cover. It's not the legal minimum cover for the public highway but it isn't on the public highway so doesn't need that.

forgotmyname

My sisters place is a Housing Association and her terms and conditions do state cars are not to be parked there if not Taxed, MOT'd or Insured.

So because of the new rules, They cannot tow it away?

If its an obstruction they can get it moved? I guess they could be sneaky and get around that.

TrickyWicky

forgotmyname wrote: »

So because of the new rules, They cannot tow it away?

If its an obstruction they can get it moved? I guess they could be sneaky and get around that.

No and No. Although they could just terminate your tenancy instead.

The new act forbids the car being immobilised. That means clamping or removal to another location.

Technically in a car park, moving it from one bay to another isn't immobilisation as long as you can still use the car and drive it away. On privately owned (non public) land (eg a drive space allocated to you) repositioning of the car would be classed as removal.

McKneff

TrickyWicky wrote: »

Land owners can not make their own laws. Therefore the car is not illegally parked whoevers land it is on as long as it was permitted to be there. How it was permitted to be there is irrelevant because it was not unlawfully put there as there was no law that said it must be taxed and insured to be put there.



Then that is theft.

Its not a case of landowners making their own laws, its a case of the landowner not wanting cars on thier land which is not taxed or insured.

I agree, it's okay if he has permission, but he hasnt got permission, they want him to move it.

And the irony is, that it is within the law, if he has suffiencient notice to remove it, and they do actually remove it, the registered owner will be sent a bill to cover the costs.

Like I said before, what is the difference between the OPs situation and parking it in the nearest pub car park.

atrixblue.-MFR-.

the car park forms part of your tenancy agreement wich is part of you rent standing and grounds maintenance charges yes?

if so such as request to remove the vehicle is justified by the HA, but they cannot remove the vehicle themselfs or by contractor. they have to take you to court for breach of tenancy by going to court they need to specify to the court what type of order they want placed on you, here would be an enforcement order to get YOU to move you vehicle.

if the HA come along, with a contractor, to remove the vehicle themselfs after your notice period, then call police get them arrested.

[Deleted User]

joolsybools wrote: »

Because insurance is invalidated if there is no valid tax disc isn't it?

How many times do we have to go over this?

Insurance is not invalid, merely because the vehicle in untaxed.

If it were, it would be illegal to drive your untaxed car to an MOT, when in fact it is legal.