Neighbor breaching restrictive covenant

spadoosh

vqmismatch wrote: »

Mother runs a business from home with similar issues. Some of the punters are complete Jeremys as regards parking.

The best solution seems to be to fill a couple of traffic cones with concrete and place either side of the driveway so there is insufficient space to park between them but you can get out. Most of her neighbours are quietly frustrated by the parking issues but supportive of turning a living from home, one had a tendency to go into complete melt down on a regular basis and unfortunately some similar personalities among the customers seemed to make a point of squaring up. They moved after a few years.

Painting a white line in front of the drive might also help make the point, but many of our neighbours used to park on the road rather than their drives.


I suspect any covenant is completely unenforceable, and ironically in mother's case at least planning was not an issue for a business built up slowly in one place, but were she to move to a far more appropriate location she would need planning which would likely be opposed. In her instance there average about 16 individual cars coming and going each hour fro 1500-1900 five days a week, plus a couple over the morning most days. The opportunity arose to move to a nicer place with some off road parking and better facilities but it would have required planning to move an established buisness.

Strictly speaking that would be blocking a public highway and could get you in trouble.

Best solution is to park across your own driveway.

moneyistooshorttomention

My last house was bang on the street - no drive/no front garden. Most of the time I was okay (if not delighted....) about people parking in "my space" (ie right in front of my house).

But the odd time where I needed "my space" myself - I would put traffic cones there and "ask" neighbours not to park there and explain why.

Whew - and I've only recently read about further development planned in that area - that is going to lead to a lot more demand for parking there and I can see things are going to get more than a little "heated". Yep...I foresaw that development happening at some point - and it was one of the list of reasons for moving...

PersianCatLady

glasgowdan wrote: »

Glad I don't live next door to the OP. Your neighbour is trying to make a living, and it sounds like the hardship you're experiencing is seriously minor.

All this talk of investigating tax, hmrc, council etc is tripe. Stop being a pest and just ignore it. They could be a nightmare neighbour but they're not. They're just providing a valuable service to working families. And trust me, a good childminder makes a huge difference to a parents life.

I see your point about people just trying to make a living and therefore it is not really fair to investigate their tax, HMRC and the council.


However surely any business owner should only be worried about any investigations if they aren't following the law regarding their business therefore I don't see how any these investigations would harm a law abiding business.


(Maybe I am being a bit naïve)

spadoosh

PersianCatLady wrote: »

I see your point about people just trying to make a living and therefore it is not really fair to investigate their tax, HMRC and the council.


However surely any business owner should only be worried about any investigations if they aren't following the law regarding their business therefore I don't see how any these investigations would harm a law abiding business.


(Maybe I am being a bit naïve)

For a HMRC investigation, you would likely need to involve your accountant which can cost money (or does if youve got insurance against it). Investigations from the council will detract from the day to day activities of the business and will likely cost at very least time more than likely money too.

Then you have gossips. Such and such a place was investigated by HMRC, must be tax dodgers, best not use them, blah blah blah.

Norman_Castle

glasgowdan wrote: »

They're just providing a valuable service to working families. And trust me, a good childminder makes a huge difference to a parents life.

Any reason they cannot provide this "valuable service" without causing parking problems?
A small amount of effort from the ops neigbour and customers would make a huge difference to the op.

Do you always support inconsiderate parking or just when it involves childminders? Hospitals provide a much more valuable service, should patients, visitors and staff be allowed to park wherever is most convenient for them regardless of any problems this could cause?

PersianCatLady

spadoosh wrote: »

For a HMRC investigation, you would likely need to involve your accountant which can cost money (or does if youve got insurance against it). Investigations from the council will detract from the day to day activities of the business and will likely cost at very least time more than likely money too.

Then you have gossips. Such and such a place was investigated by HMRC, must be tax dodgers, best not use them, blah blah blah.

I see what you are saying but surely HMRC don't start a proper investigation without some evidence or probable cause to suspect that there has been tax evasion???


Also getting the council to investigate anything is next to impossible so unless there is proof that something is wrong surely the council would not bother to investigate??


(More naivety perhaps)

spadoosh

PersianCatLady wrote: »

I see what you are saying but surely HMRC don't start a proper investigation without some evidence or probable cause to suspect that there has been tax evasion???


Also getting the council to investigate anything is next to impossible so unless there is proof that something is wrong surely the council would not bother to investigate??


(More naivety perhaps)

I dont know much about a council investigation but someone calling up HMRC and saying i dont think my next door neighbour is paying (appropriate) tax would be suitable evidence to warrant an investigation.

Not only would it be costly to the business owner but its also expensive for the tax man. And theres the way tax is calculated, they might not be paying tax but also might not be liable for tax.

Seems a lot of effort and skullduggery when you can just park your own car across your drive to prevent this happening for the 20 minutes a day it might occur.

glasgowdan

Norman_Castle wrote: »

Any reason they cannot provide this "valuable service" without causing parking problems?
A small amount of effort from the ops neigbour and customers would make a huge difference to the op.

Do you always support inconsiderate parking or just when it involves childminders? Hospitals provide a much more valuable service, should patients, visitors and staff be allowed to park wherever is most convenient for them regardless of any problems this could cause?

This post is too imbecilic to consider addressing.

Kalamazoo

No it's not. You've just realised your unbelievably stupid post has been taken apart and are trying to deflect.

kinger101

The neighbour could have been more considerate, but the vast majority of the posts of here have suggested inflammatory responses based on the insinuation that they've not been paying tax or have been breaching planning laws.