Commercial Vehicle Parking Not Allowed

nigelbb

Guys Dad You are missing the point. The OP said that the road has been adopted i.e. it's maintained by the council so a management company has no control over the road at all.

BTW Unless the properties are tiny or there is a garage only being allowed to park one car on the property would be a major pain in the bum for most people.

antrobus

billyboy11 wrote: »

...
(e) Not to leave or park or permit to be left or parked any caravan boat motor cycle or other vehicle on any part of the unbuilt portion of the land hereby transferred except for one private motor car or motor cycle on such part of the unbuilt portion of the land hereby transferred (if any) as is specifically constructed for that purpose....

Looks to me like the covenant is saying that you can only park one "private motor car or motor cycle" on your driveway. Presumably, a 'commercial vehicle' would not qualify as a 'private motor car'. Neither would a caravan or boat I imagine.

nigelbb wrote: »

... You are missing the point. The OP said that the road has been adopted i.e. it's maintained by the council so a management company has no control over the road at all....

Quite.

In any case the covenant only imposes a restriction on the use of "the land hereby transferred" i.e. the bit the OP purchased. It can't impose any restrictions relating to the use of any other bits of land that happen to be nearby; like public highways, for example.

spacey2012

What on earth have you bought in to here ?
The for sale sign would be up within the hour.

Guys_Dad

nigelbb wrote: »

Guys Dad You are missing the point. The OP said that the road has been adopted i.e. it's maintained by the council so a management company has no control over the road at all.

BTW Unless the properties are tiny or there is a garage only being allowed to park one car on the property would be a major pain in the bum for most people.

Yes, you are right, Nigel. So, I couldn't quite see what a management company or PPC would be doing on a public road at all.

billyboy11

Hi,

My house is a freehold house.

The landowners are putting in force these rules, i described them wrong i guess as management company, but the road is adopted, so does this make any difference to what they can and cannot do?

Guys_Dad

billyboy11 wrote: »

Hi,

My house is a freehold house.

The landowners are putting in force these rules, i described them wrong i guess as management company, but the road is adopted, so does this make any difference to what they can and cannot do?

This appears that you are a freeholder in a privately owned "estate". Most unusual. Normally builders get shot of their obligations when they hand the road over to the council and it adopts it.

You need to see who appointed the PPC and what area they are supposed to be patrolling and what the extent of their authority is.

Easiest way is to appeal to the PPC saying that you believe that they have no authority over the area in question and that if they do not grant your appeal and refuse to cease, then you require (a) proof of their authority to apply any parking charge in the area that you use and (b) a POPLA form and code by return.

And at the same time, check with your council to see if the road in question has been adopted, that it is their responsibility and whether or not any PPC has any rights to ticket you there.

Stroma

Isn't an adopted road basically the public highway ? So if they ticket there they are basically acting illegally and should be reported to trading standards. We had a similar situation with ukpc (??) ticketing on an adopted road outside of a hospital and to refund all illegal tickets.

So sod popla and the appeals process and complain to the council

Guys_Dad

Stroma wrote: »

Isn't an adopted road basically the public highway ? So if they ticket there they are basically acting illegally and should be reported to trading standards. We had a similar situation with ukpc (??) ticketing on an adopted road outside of a hospital and to refund all illegal tickets.

So sod popla and the appeals process and complain to the council

That's why I made my original post. Not doubting the integrity of the OP's information, but checking if a road is adopted or not has to be done. My OH lived on an estate in Wootton, Northampton that was ex-army and over 40 years old, but the roads had not been adopted, even though buses used one of them. Discovered that when potholes appeared ! Council didn't want to know.

If it is an estate under construction and if some parts had been adopted, vital to know where the adoption begins and ends.

Then not sod POPLA - they are bound to lose and, after all, their declared business loss is £100 a time, isn't it? plus the £30 or so they have to pay to POPLA

Stroma

It's sod popla as they have no legal right to give invoices on adopted roads, so why bother with appeals as if they have some kind of authority? This should go to trading standards as these tickets are illegal

nigelbb

I am guessing that the OP has been parking his van at his house & now the developers are trying to sell off the reminder of the development they want to make it look all neat & tidy for prospective house buyers so are seeking to enforce the covenant that prohibits anything on the OP's drive except a single private motor car. However as the road has been adopted they cannot prevent him parking his van in the road.