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

rxbren

if it says on your tenacy agreement that all cars should be road legal by definition it would need to be taxed have an mot and be insured
if its not then its against the tenancy agreement and you DONT have permission to park there

TrickyWicky

Hintza wrote: »

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"?

No doubt that was written before 1st of October.

Norman_Castle

Assuming your tenancy includes the right to park there, which you say it does you should be allowed to leave a (useable) car in the space, untaxed, for a period of time. The reasoning that untaxed cars are all unroadworthy eyesores and unwelcome is too simplistic. It applies to tenants keeping mot failures which should be scrapped and storing their dead grannys car for their 9 year old niece to learn to drive in when she is old enough. I don't believe they can remove your car without it being viewed as theft. You need to contact your Housing Association and explain why your car is untaxed and define your future plans for it. If your plans are realistic they should offer a compromise. They will have a complaints procedure which may help. Try to get your housing officer on your side.

demonted

My tenancy agreement doesn't mention I have the use of the footpaths, which are within the boundaries of the estate, nor does it mention the use of the on site laundry room, there is also no mention of the use of the communal bin store, nor does it mention the use of the communal hall and stairway, yet other than the laundry room and bin store, I have no choice but use the communal footpaths, hall and stairway to access and exit my home.
If fact, most residents including myself, all walk across the car park and there's not mentioned of that in the tenancy agreement either.

However, it does state the communal hall and stairway must not be obstructed at anytime.

As for the sign in the car park, it clearly states Residents Car Park and my house number is one of the numbers clearly displayed on the sign.

My tenancy agreement briefly states as a resident I can park my car in the residents car park, there is no mention that the car must be road legal, insured, MOT'ed or Taxed.

The Housing Association initially claimed the rule was within the tenancy aggrement but when I ponted out there is no mention of such a rule, they later agreed but stated I must Tax my car or remove it, otherwise they will remove it.

The council state, if instructed to remove, they can only remove an abandoned vehicle from private land and when all avenues to trace the owner and or the registered keeper have been exhausted.

It's my understanding that TORT (interference of goods act) relates to the removal of abandoned property or property taken in lieu of payment, if this is so, both instances do not relate to my current predicament.

My car has not been abandond and I do not owe any monies to the Housing Association.

If I was in debt with Housing Association, to remove my car, surely they would have to pursue the debt via the courts.

And only then, If a judgment was made against me, would the court instruct my car to be seized to cover the outstanding debt and or cost.


I have not been told I can not park my car in the car park.

My question is, what legislation gives the Housing Association the right to remove or threaten to remove my vehicle for failing to display a valid Tax disc, especially when SORN been declared to DVLA ?

mikey72

They think they can, so they might well remove it anyway.
You're no longer "parked". You're storing a vehicle now. So if your tenancy actually uses the word "park" they might see you in court

demonted

Every housing officer is rude, defensive and abrupt, they appear to be taking it personal.
On most occasions, whenever I make a valid point, the call is terminated, their words not mind and they state they are not prepared to discuss the matter any further.

Tiddlywinks

demonted wrote: »

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

Sgt pepper, para cap badge, I bet !

What the heck is that supposed to mean - really, please explain exactly what you meant by that remark.

demonted wrote: »

Every housing officer is rude, defensive and abrupt, they appear to be taking it personal.
On most occasions, whenever I make a valid point, the call is terminated, their words not mind and they state they are not prepared to discuss the matter any further.

Maybe you are coming across as a bit abrasive in your contact with the centre? Why else would they hang up?

Put your query in writing and send it recorded delivery. Plus, use their formal complaints process...

Now, back to your 'para cap badge' remark - please explain...

mikey72

Buy a disc, in a couple of weeks send a V33 back to the dvla for a refund, declare the disc lost, leave the now invalid disc in the car. Drop it down the screen, so it's visible, but no longer stuck to the glass. Cost you a months tax, everyone is happy, don't use the car on the road or then you will be in trouble.
When you want the car back on the road, bin the bogus disc, buy a new one.

forgotmyname

What if they gave notice that on Monday the 29th the car park must be vacated for essential repairs any vehicles causing an obstruction will be moved to the highway?

TrickyWicky

demonted wrote: »

As for the sign in the car park, it clearly states Residents Car Park and my house number is one of the numbers clearly displayed on the sign.

My tenancy agreement briefly states as a resident I can park my car in the residents car park, there is no mention that the car must be road legal, insured, MOT'ed or Taxed.

The Housing Association initially claimed the rule was within the tenancy aggrement but when I ponted out there is no mention of such a rule, they later agreed but stated I must Tax my car or remove it, otherwise they will remove it.

The council state, if instructed to remove, they can only remove an abandoned vehicle from private land and when all avenues to trace the owner and or the registered keeper have been exhausted.

That says it all. You should take notice of the above and my previous advice to you.

As for the legislation, there is NONE that they can use to remove your vehicle. Housing Associations go back to the days of local council ownership and probably have many of the same staff employed as the council had. They therefore still think they're in the realms of public authority and have the power to do public authority things. In reality they are now private companies and have no such powers at all.

As I have said previously, stop worrying. They are not allowed to remove your vehicle. There is no mention of being road legal, taxed, insured etc in your contract, they don't have a leg to stand on.

I used to be a Civil Enforcement Officer (aka traffic warden / parking attendant) for a two different councils. I am telling you, the local council will not get involved in this as its not an abandoned vehicle. It's between you and the land owners. The land owners have specified nothing in their contract about the condition of the car that uses the car park. The DVLA have no power here, the council have no power here, the police will not get involved unless there is a report of a car being stolen, or a theft in progress.

If you want to make their life really impossible, buy a wheel clamp off ebay and clamp it yourself. They'll never move it at that point due to accusations of criminal damage etc. Lets face it, now the clampers are out of business there will be a lot more second hand clamps on ebay.

Seriously, please, stop worrying.