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

maninthestreet

DVLA have been known to clamp and tow away SORN'd cars parked on PRIVATE property - they even seized and towed away a SORN'd vehicle from a garage were it was being repaired...

[Deleted User]

maninthestreet wrote: »

DVLA have been known to clamp and tow away SORN'd cars parked on PRIVATE property

Maybe the vehicle was at a different address, than that declared on the SORN.

TrickyWicky

McKneff wrote: »

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.

But they cannot permit a car to park there 'as long as its legal' as there is no 'legal requirement' for a SORN car other than to be delcared SORN. In this case, the car IS legal because it has been declared SORN. Does that clear up any confusion over how legal the car is?

If they stated it must be 'road legal' when giving permission then thats a different matter however the op is insistent that there is no such requirement.

McKneff wrote: »

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

Read the first post. He was given permission to park it there. The fact that its now SORN doesn't mean a thing. The HA cannot enforce road tax and car insurance rules. Nor can they remove a vehicle.

McKneff wrote: »

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.

What a load of tosh. No offence but please do your research.

McKneff wrote: »

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

Very little other than the pub car park can no longer use clampers or remove a vehicle. This is because of the new bill that came into force on the 1st of this month - 5 days ago. Something you're struggling to get your head around obviously.

mcjordi

depends what it says in your tenancy as they could take you to court to end your tenancy.
but legally they cant remove your car

demonted

My vehicle is still insured and has a current MOT until next year.

As for my car self combusting, although highly unlikely, its no greater a risk of doing so than any other car.
The car park and my car and all other cars when parked are not near buildings.
I'm sure if a vehicle did self combust the claim would be made from my own car insurance for my own purpose and benefit.
If it was not insurered and my car was to combust for no apparent reason, why should the owner be held responsible for actions or occurrences out of their control.

I'm sure the Housing !!! would be legally oblige to be covered for such events.

However, if this is the Housing !!! reasons, why mention only the road tax ?

As for anyone claiming, if no Road Tax, insurance not valid, well that's quite not true.

Under current UK law, its perfectly legal to drive a car to a pre arranged MOT test without Road Tax and or MOT test certificate, as long as car is covered by Insurance.

However, my intial thread is not about self combustion, car insurance or any other form of insurance held by the Housing !!!.

My question is in regard, as to what power or authority does the Housing !!! have to threaten to and or remove my car at my expense or their own, for not displaying a valid tax disc.

What powers do they have to force me to purchase a tax disc which at the moment I can't afford.

Therefore, I'm to sacrifice the ownership of my car, incur addition cost should my car be removed without my permission ?

After all, I'm a resident with permission to use the car park and when my car is parked in any car park with road tax displayed, the car is technically being stored until I'm ready to use it.

Why should this be any difference without road tax.

As said, what power and under what act or legislation give the Housing !!! the right to remove or threaten to remove my car ?

I find it hard to understand that it can take Landowners, Councils and Housing Association, months, if not years to remove travellers and their vehicles from car parks and land, yet I am a resident, with permission to use the car park and given only 7 days with an ultimatum, to tax or remove my car, otherwise the Housing !!! will remove it, using its removal and its value as a threat.

Just like when servered with an unjust parking ticket or a Notice to Quit when renting a home, I want the option to dipute this and put my case and opinion forward.

Dippypud

maninthestreet wrote: »

DVLA have been known to clamp and tow away SORN'd cars parked on PRIVATE property - they even seized and towed away a SORN'd vehicle from a garage were it was being repaired...

New laws in on October 1st 2012

I believe DVLA can only tow away if outstanding fines on vehicle,
for non-tax or non-declared SORN

demonted

TrickyWicky wrote: »

"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>"

Fantastic idea TrickyWicky,
not only will I place such a notice in my car, I will also include the very same in a letter and email to the Housing Assc.

mikey72

Here's a couple of good threads on cars that couldn't be legally removed.

http://forums.pepipoo.com/index.php?showtopic=64994

http://forums.pepipoo.com/index.php?showtopic=73436

The new law would have been another reason why they couldn't have touched them as well.

Hintza

If a car is on private land then normally it is the landowner's responsibility to remove it. However, you cannot have it moved straight away. The safest way is to put a notice on the car stating that if the car is still there in 14 days time then you will have it removed. If there are number plates on the vehicle, send a recorded delivery letter to the registered keeper giving the same information (and keep the proof of postage and a copy of the letter). A Form V888 from the DVLA will get you registered details so long as your request is considered legitimate.

Once you have given reasonable notice that the car will be towed away you will prevent the owner from subsequently claiming theft or damage to the vehicle. If you sell the car to, perhaps, a scrap dealer, you can keep the costs of removal, but any surplus should go to the proven owner if s/he ever turns up.

I am assuming this is an up to date answer.

Ref:- https://www.askthe.police.uk/content/Q441.htm

I am wondering how the OP thinks he has permission is it in the lease or is he relying on the sign "residents parking"?

mikey72

demonted wrote: »

Fantastic idea TrickyWicky,
not only will I place such a notice in my car, I will also include the very same in a letter and email to the Housing Assc.

The HA have already told you them have no intention of immobilising your vehicle though.
They have told you if you don't tax it, they will simply remove it. They haven't said you can't park there either, They have just put a condition on it, and have said your tenancy agreement doesn't include the parking or communal areas..
Does it?