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Is this legal
Comments
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There is implied access to all. Anyone can enter your driveway to knock on your door. You don't have to give authority to anyone who chooses to walk on your driveway to knock on your door. If they become a nuisance, then you would tell them to stop knocking on your door, if they continue to do so it would be nuisance/harrasment.Rover_Driver wrote: »It would not be considered to be a public place as there would not be implied access to members of the public, only to a person who had a reason to enter the driveway and it would be expected that you would give them authority to enter for that reason.
It's not the same as supermarket carpark and I think the law would be sensible and determine that it is not a public place, but I am just interested how the court would determine that.0 -
There is implied access to all. Anyone can enter your driveway to knock on your door. You don't have to give authority to anyone who chooses to walk on your driveway to knock on your door. If they become a nuisance, then you would tell them to stop knocking on your door, if they continue to do so it would be nuisance/harrasment.
It's not the same as supermarket carpark and I think the law would be sensible and determine that it is not a public place, but I am just interested how the court would determine that.
Quite simple really it's private property and there's no implied access. Unlike a supermarket you aren't inviting anyone onto the premises to shop etc.0 -
I think the Council can remove the vehicle under "Abandonned Vehicles" but not sure how that would happen as it is clearly owned and wanted.
I believe they can, but it would first have to be shown to be abandonned, I'm not familiar with the legislation but I believe they have to serve a notice on the vehicle as well as taking reasonable steps to contact the keeper. They then have to wait a fixed period before removal, might be 2 weeks, might be 6 weeks.
Its clearly not abandoned.
The Police can remove it if it comes under "dangerous condition" or "likely to attract crime"
Seen this advice before on MSE any reason why you think it is wrong? Seems plausible to me.
Under what power?
If the car is not "on the road" because it is "on a trailer", then the trailer must be hitched to a vehicle which has all the required Insurance, MOT, VED etc... The car (on the road) and trailer must both be in roadworthy condition.
What legislation stats that?
If it is on a trailer that is not hitched to a valid vehicle then it becomes an offense of a trailer being left to stand on the highway. Not a VED or MOT offence and maybe not an Insurance offence either.
Got a link to that?
Anything you see here in the 2 "trailer" paragraphs above thet you feel is wrong? All seems correct to me.
Must be right if you read it online.0 -
There is implied access to all. Anyone can enter your driveway to knock on your door. You don't have to give authority to anyone who chooses to walk on your driveway to knock on your door. If they become a nuisance, then you would tell them to stop knocking on your door, if they continue to do so it would be nuisance/harrasment.
It's not the same as supermarket carpark and I think the law would be sensible and determine that it is not a public place, but I am just interested how the court would determine that.
Anyone would have the ability to access the driveway, but they would not have access - they do not have the authority to enter.
Implied access is where a person expects that they would have permission to access the drive, if the landowner knew why that person wanted to - the authority to enter.
A supermarket is different because the supermarket allows the public to have access - they have the authority to enter.0 -
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The only way for it to be legal is if it had no engine or transmission, at this point it is no longer a motorised vehicle. But as this is merely a technicality, good look flighting/proving it.“I may not agree with you, but I will defend to the death your right to make an a** of yourself.”
<><><><><><><><><<><><><><><><><><><><><><> Don't forget to like and subscribe \/ \/ \/0 -
Silver-Surfer wrote: »Quite simple really it's private property and there's no implied access. Unlike a supermarket you aren't inviting anyone onto the premises to shop etc.
That is wrong. There is a general right of implied access to any private residence in the UK.
This is why if you want to stop people from setting foot on your property, you have to inform them that their right of implied access has been removed. Why would you have to do this if that right never existed in the first place?
In order to remove this ROIA, you have to send or display a notice removing this right.
There is plenty of relevant case law showing this.
http://info.fmotl.com/RemovalOfAccessRights.htm0 -
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Silver-Surfer wrote: »Must be right if you read it online.
I think the Council can remove the vehicle under "Abandonned Vehicles" but not sure how that would happen as it is clearly owned and wanted.
I believe they can, but it would first have to be shown to be abandonned, I'm not familiar with the legislation but I believe they have to serve a notice on the vehicle as well as taking reasonable steps to contact the keeper. They then have to wait a fixed period before removal, might be 2 weeks, might be 6 weeks.
Its clearly not abandoned.
But councils do have powers to remove abandoned vehicles on the highway, and if they went through the required steps and got no contact from the keeper they could remove it under those powers.
The Police can remove it if it comes under "dangerous condition" or "likely to attract crime"
Seen this advice before on MSE any reason why you think it is wrong? Seems plausible to me.
Under what power?
Don't know, perhaps you should ask one of the policemen on the forum who stated this was possible. I take it you have nothing to back up your claim that it is wrong?
If the car is not "on the road" because it is "on a trailer", then the trailer must be hitched to a vehicle which has all the required Insurance, MOT, VED etc... The car (on the road) and trailer must both be in roadworthy condition.
What legislation stats that?
That is common sense, and commonly known, You are legally allowed to tow a trailer behind a car, you can have anything on that trailer as long as it is a secured load. as long as the car is legal and both the car and the trailer are roadworthy then you can park your car, with trailer attached, anywhere on the highway that is suitable for the parking.
If it is on a trailer that is not hitched to a valid vehicle then it becomes an offense of a trailer being left to stand on the highway. Not a VED or MOT offence and maybe not an Insurance offence either.
Got a link to that?
No, but again it is commonly known you are not allowed to leave an unhitched trailer on the highway.
I see, so you are the type of poster who highlights 4 paragraphs, categorically states they are wrong, but have nothing to back up that statement?0 -
shaun_from_Africa wrote: »That is wrong. There is a general right of implied access to any private residence in the UK.
There is:
Right of access - a legal authority to access, or,
Implied access - expected or assumed authority to access.
Unless there is legal authority, there is no right of access to a private residence.
It is the implied access authority that can be revoked by notice.0
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