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Private driveway
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All you can do is keep an eye out for things, stuff like taller poles appearing, electrical cabinets ( little steel boxes) and of course the cameras
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"4 -
You and the other neighbours appear to have an 'easement by prescription' because that right of way has been used for unfettered vehicular access for more than 20 years.
I do recommend you use your free legal cover. Usually it's not just a helpline, it's free solicitor's work on a case including letters, legal documents/claims. Used mine years ago to force compensation from an Airline who were refusing to take a woman like me seriously. One letter. Sorted.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD8 -
Amongst other things, get a solicitor to do searches as if you were about to buy the property you already own. This should cover the right of way and neighbouring properties including the car park. Look for things like Chancel rights and Restrictive Covenants for example.
The land may once have been owned by a church or there may be covenants from the original landowner in place that prevent a business being run on the land or building restrictions.
I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks5 -
Half_way said:All you can do is keep an eye out for things, stuff like taller poles appearing, electrical cabinets ( little steel boxes) and of course the cameras
That's the worrying thing @Half_way the OP states they have just put in 7 x 15ft poles and the UKPC worker lied when he said they don't have shorter ones, all smells of fish doesn't it?
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fisherjim said:
That's the worrying thing @Half_way the OP states they have just put in 7 x 15ft poles and the UKPC worker lied when he said they don't have shorter ones, all smells of fish doesn't it?PE are notorious for this.
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Coupon-mad said:You and the other neighbours appear to have an 'easement by prescription' because that right of way has been used for unfettered vehicular access for more than 20 years.
I do recommend you use your free legal cover. Usually it's not just a helpline, it's free solicitor's work on a case including letters, legal documents/claims. Used mine years ago to force compensation from an Airline who were refusing to take a woman like me seriously. One letter. Sorted.
A full on Easement , aka right of access/right to pass and re pass without let or hindrance would be the easiest one to show, as the easement by prescription would require a little bit of work to prove/establish but should be done if a standard easement/right of access doesn't exist
From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"4 -
OP originally posted at the beginning:-
"I have a right, as do my visitors, to freely access my house at all times according to the deeds of my house."
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We do have an actual right of way, with a map etc, and the deeds say that can it be used freely, ie there can be no charge and no restriction on visitors using that access at any time. The landowner accepts this now although he didn’t originally and that is how I fought against cameras being installed, with the help of mse forum, because providing the list of cars etc went against that. Having the patrol I guess doesn’t impact that right of way in that I can drive in and out without restriction. None of the houses are worried about parking in the car park as we have our own driveways. The rights of way across the car park are detailed in our deeds and the wording is the same for all 3 houses. If any of us receive a PCN then that is a trigger for sure that the rights of way are being infringed but not sure we can do anything yet as at the moment we can all drive in and out anytime.The land is deemed to be used as a car park by planning permission when it was originally set up; it used to be just a grassed area, no churches involved. I am not sure that UKPC managing the car park changes that unfortunately.Someone has hit one of the signs today so that is now leaning. Will definitely use the house insurance legal cover; I have made an appointment with them. I want to be ready to act quickly if anyone receives a PCN. One of the houses is owned by an elderly disabled gentleman so I have talked to him; he is very stressed with it all. He has lots of visitors during the day as he is home alot whereas the rest of us are at work in the day. I haven’t seen a patrol yet, the car park is still quieter than usual, more people are parking in the road for sure. Thanks everyone for the advice, I don’t trust the landowner or UKPC; it is a money making exercise for them both. Not sure the council will be tough enough to actually do anything. All the houses are united in the fight against this.6
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Personally i wouldnt do anything until you see cameras installed7
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I agree. It is only a problem if there are cameras.
Good though, that the OP has highlighted the issue straight away to her home insurance legal advice partner, because in policies I've had, normally one of the conditions us that you have to tell them within 90 days (or whatever) about any legal dispute.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD5
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