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

mikey72

TrickyWicky wrote: »

................
In the banger thread you said:

In other words you sound like a back street mechanic who likes to think he knows about everything else motoring related.

Some of the advice you give around here mikey is spot on OR simply funny and thats why you're not on my ignore list however I won't be responding to you in this topic any further.

You've trawled through my posts from a month ago, and selectively quoted from an unrelated thread?
Guess I can't argue with that as a way to convince the op his car is safe following your advice.

mikey72

TrickyWicky wrote: »

.......See here you go again making stuff up and jumping to conclusions. It wasn't a mates drive. It was someone who I'd only spoken to about 3 times (an elderly person). Same deal applies, because its a big residential car park. The elderly neighbour owned their two spaces but someone else decided to report the car to the council...............

Is it a big residental car park now?
It wasn't earlier.

TrickyWicky wrote: »

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..........

This is why I want the op to have a balanced opinion, to make a reasonable choice based on the advice posted, and the reliabilty of it.

TrickyWicky

I said I wouldn't reply to you again in this thread but you have made a very valid point so I owe you this one.

mikey72 wrote: »

Is it a big residental car park now?
It wasn't earlier.



This is why I want the op to have a balanced opinion, to make a reasonable choice based on the advice posted, and the reliabilty of it.

To clarify.. It's a privately owned drive space within a residential car park. Actually its a double space but I am only using one of them. From Google..



See the white vehicle at the bottom right? - I am in the space below it in the corner. The spaces are privately owned. The middle area between them I have no idea about.

My use of the word drive means anything that resembles a parking space that is private and not part of a public car park. In this case the two spaces go with the house the person lives in thus I call it a drive (as do many of the locals here).

atrixblue.-MFR-.

mikey you have to see that you tax disc advice is rather silly, displaying an invalid tax disc can bring trouble, your intension was innocent but c'mon even you should realise it a pretty far fetched advice.

if the OP had the money to tax it with insurance and MOT still on it why would he send it back for a refund kind of defeats the purpose of this thread doesnt it?. if he had the cash to tax it then leep it taxed for ease of life.

i'll make another point here aswell, people calss him as stroring it now, butu what about elderly resident who have a car there taxed MOT'd insured but use it very very little, say once a week on a sunday, for the rest of the week its stored so in breach of the tenancy would these people be open to having their cars taken away too by this HA. what about those who park in OP's bay whilst its in staorage by the HA?, will these be liable to have their cars towed too because it breaches the HA's tenancy agreement?

as a HA tenant, and witnessed what a HA can and cant do with their tenancy agreements i'm confident in telling the OP that he can write a letter to his HA saying that they cannot remove nor have permission to tamper with or remove his vehicle and if they proceed to do so legal proceedings will be taken against them.

ive seen drunks with ASBO's making scenes and being in breach of both tenancy agreement and ASBO remain in their HA homes, youd be sure that being in breach of tenancy would mean you can be given notice to leave the property, but even with the news quatter law they cant just turn up take your stuff out and throw you on the street they have to get a possetion order out on the property then get an eviction order. this process took my HA with a nasty drunk here with police assistance over 12 months to obtain and enforce the tenancy agreement along with the ASBO that was placed on her.

my HA cant take my sofa from the garden never mind take this blokes car from its parking bay even though im in breach of my tenancy agreement

TrickyWicky

atrixblue.-MFR-. wrote: »

if the OP had the money to tax it with insurance and MOT still on it why would he send it back for a refund kind of defeats the purpose of this thread doesnt it?. if he had the cash to tax it then leep it taxed for ease of life.

Op has stated they don't have the money for the tax disc anyway so that rules that out regardless. DVLA also take about 6 weeks on average to refund tax discs so that would leave the op with the problem of surviving in the mean time. For the op, this idea would never have been workable.

atrixblue.-MFR-.

TrickyWicky wrote: »

Op has stated they don't have the money for the tax disc anyway so that rules that out regardless. DVLA also take about 6 weeks on average to refund tax discs so that would leave the op with the problem of surviving in the mean time. For the op, this idea would never have been workable.

thats the point i was refuring too and trying to make out to mikey.

demonted

Tiddlywinks wrote: »

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


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...

Will not comment on an irrelevant questions.



I can assure you I'm not abrasive, far from it and until you have witness the attitude I receive from everyone of authority within the Housing Association, you can only make assumptions.

I only became aware of this issue mid week, I phoned the Housing Association immediately, two maybe three times, leaving messages, the Housing Assciation only returned my call on Friday, only had two telephone conversations with two different members of staff.

The Housing Association Management, phone to issue statements, if I dare to comment, I'm told not to speak otherwise the call will be terminated.

Since my first call from Housing Association in regard to this matter, I spent most of Friday speaking to the Police, Civil Enforcement, Highways Dept, Parking Services other Council dept, various agencies that I believe would offer assistance and not one other than my Housing Association, threatened to terminate my call.

I have every intention of making a complaint in writing, however although I'm appreciative of all replies received, I don't actually need advice on to how to communicate or register a complaint with my Housing Association, surely from my post you can conclude I have the ability and intelligence to compile an appropriate letter of complaint.

My post is not a request of how to communicate with my Housing Association but a request as to what law, Act or legislation gives the Housing Asscociation the grounds to threaten to remove and or remove my car without my permission, even the Housing Association have not answered this.

Also, other than taxing or moving my car, what act, law or legislation can I consult and or use to stop and fight this.

I believe such tatics and reasons behind this are unfair and unjust.


After all, would it be acceptable for the Housing Association to knock on residents doors asking to see a valid Tv licence ?

Would it also be acceptable, that on discovery of a property without a valid Tv licence, the Housing Association issue a notice which states the resident must buy a Tv licence otherwise the Tv will be remove ?

Surely, we would ask, what right does the Housing Association have to inspect Tv licences and what right does the Associstion have to remove a Tv for not possessing a valid licence ?

What right does the Housing Association have to force a resident to buy a Tv licence ?

This is purely a hypothetical question, used to highlight a different angle on my current predicament.

However the Government doesnt give the option to register a Tv as
" Not In Use " as long as in spare bedroom, unlike a car, where the Goverment allow car owners to declare their car as SORN.

atrixblue.-MFR-.

demonted wrote: »

Will not comment on an irrelevant questions.



I can assure you I'm not abrasive, far from it and until you have witness the attitude I receive from everyone of authority within the Housing Association, you can only make assumptions.

I only became aware of this issue mid week, I phoned the Housing Association immediately, two maybe three times, leaving messages, the Housing Assciation only returned my call on Friday, only had two telephone conversations with two different members of staff.

The Housing Association Management, phone to issue statements, if I dare to comment, I'm told not to speak otherwise the call will be terminated.

Since my first call from Housing Association in regard to this matter, I spent most of Friday speaking to the Police, Civil Enforcement, Highways Dept, Parking Services other Council dept, various agencies that I believe would offer assistance and not one other than my Housing Association, threatened to terminate my call.

I have every intention of making a complaint in writing, however although I'm appreciative of all replies received, I don't actually need advice on to how to communicate or register a complaint with my Housing Association, surely from my post you can conclude I have the ability and intelligence to compile an appropriate letter of complaint.

My post is not a request of how to communicate with my Housing Association but a request as to what law, Act or legislation gives the Housing Asscociation the grounds to threaten to remove and or remove my car without my permission, even the Housing Association have not answered this.

Also, other than taxing or moving my car, what act, law or legislation can I consult and or use to stop and fight this.

I believe such tatics and reasons behind this are unfair and unjust.


After all, would it be acceptable for the Housing Association to knock on residents doors asking to see a valid Tv licence ?

Would it also be acceptable, that on discovery of a property without a valid Tv licence, the Housing Association issue a notice which states the resident must buy a Tv licence otherwise the Tv will be remove ?

Surely, we would ask, what right does the Housing Association have to inspect Tv licences and what right does the Associstion have to remove a Tv for not possessing a valid licence ?

What right does the Housing Association have to force a resident to buy a Tv licence ?

This is purely a hypothetical question, used to highlight a different angle on my current predicament.

However the Government doesnt give the option to register a Tv as
" Not In Use " as long as in spare bedroom, unlike a car, where the Goverment allow car owners to declare their car as SORN.

they have NO RIGHT to remove your vehicle.

they have the right to enforce your tenancy agreement (contact you give you notice) then proceed legal channels to force the tenancy agreement clause upon you via a CCJ.

they (the HA) have to prve you are in breach of your tenancy agreement and to wich clause you have breached, you cannot breach a non disclosed clause so storage cannot be used as a breach, no tax cannot be used as a breach.

hope that clarify's for you.

although if you dont feel confident that the information given here is accurate then seek a solicitor who will give a free consultation to save you cash! take along the letters youve received and your tenancy agreement.

TrickyWicky

demonted wrote: »

a request as to what law, Act or legislation gives the Housing Asscociation the grounds to threaten to remove and or remove my car without my permission

I keep telling you they have no power. I worked in public sector parking enforcement for years. It's a scare tactic. The fact they won't talk to you and just hang up kind of suggests they know it and don't want to answer awkward questions. They've also not quoted any law, act, bylaw etc - something that they would have been only too keen to do to back themselves up.

When I had to deal with my local council about my car on my neighbours drive / space / bay / whatever in their residents car park I had a very similar response. Anything awkward was ignored including requests for internal documents for a private case against the complaining neighbour. The council knew I'd got them backed into a corner and just chose to ignore and hope that I would go away. I did just that but only because I had other reasons for not wanting to upset the council apple cart. Note that I didn't work for this council but a neighbouring one. They had in their initial letter to me quoted all sorts of legal carp which hasn't happened to you.

If you want to make life impossible for them wheel clamp your car, put a big plastic cover over the whole thing so they can't inspect the tax disc, put the car up on axle stands etc. They'll never remove it without a HIAB as they won't want to damage your car jacking it up off the axle stands and even then with a wheel clamp on the wheel they won't want to risk it with a HIAB. If you do cover the car make sure its a big car cover with the metal holes. tie it round with rope but in one critical location use a small chain and a padlock at each end so that they can't untie it to inspect your windscreen (eg chain under the car spanning from one side to another). The only way they'll inspect it is to damage your property.

Whatever happens they don't have a leg to stand on.

demonted

atrixblue.-MFR-. wrote: »

although if you dont feel confident that the information given here is accurate then seek a solicitor who will give a free consultation to save you cash! take along the letters youve received and your tenancy agreement.

I never said I didn't feel confident with replies received on here, I'm very greatful for at least 98% of the replies received.

Free advice from Solicitors doesn't appear to be offered any more, if so, its was so sparse, I didn't even realised I was being given any other than guidance on their fees.
On Friday, I phoned around and most Solicitors were not very helpful or knowledgable, some have not returned my calls, maybe they will do so next week.

I also have access to free AA Legal service, they too was of little help and asked more questions about laws and legislation than I asked. However, other than the cost of 0845 phone call (tried No to 0870)
I can call back for free legal advice.

Back to my current predicament,

How am I in breach of my tenancy ?

The Housing Association have agreed that the road tax rule is not stated within my tenancy agreement and doesn't form part of my tenancy.