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Council moaning re. parking

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Martay
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PostPosted: 22:51 - 18 Nov 2011    Post subject: Council moaning re. parking Reply with quote

Hi,
looking for some advice.

We live down a quiet residential road, houses both sides of the 1way road. The houses opposite have a layby along the length of the road for parking. This is normally always full, or the space is allocated for the people to come home to.
Our side, the layby is only just big enough for 3 cars. This is to serve a run of 5 houses, all of which have at least 1 car each.
Obviously, there isnt enough parking, so i normally park on the grass verge out the front of my house. Never had a problem. Im sensible, dont wheelspin it etc, and ive happily moved it in the past when the council wanted to mow the grass.
Anyways, got a letter today addressed to the 5 houses, basically saying do not park here otherwise they will take action!!!
I rung them up, spoke to the bloke who issued the letter. I said there is simply not enough parking to accomodate the cars, and i dont park on the road as my car is a resonable size, and i dont want to cause issues for cars driving past.
He said its got a 'High Priority' ( Laughing ) and they will be getting the police involved against persistant offenders and will fence the area off, blocking a car in if needs be! I laughed at him. If the fence my car in, i will either drive through the fence or cut a gateway through!
Suggestions?
Ta
PS Ive attached a piccy to help.
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JP7
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PostPosted: 23:02 - 18 Nov 2011    Post subject: Reply with quote

You're in a difficult position because it's council property. If they decide to get funny about it and put fencing or bollards up to prevent people parking there, there's not much you can do about it. Fencing a vehicle in or getting the police involved sounds rather like an idle threat. If you're not causing an obstruction, which looking at the pic you aren't, the cops won't do a lot.

It sounds to me like some Nimby has rung the council and complained, or some sort of incident has occurred that has made them notice.

You may end up having to park on the road until they go on some other crusade. Which will be completely legal, but ironically more obstructive!
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MaybeGuy
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PostPosted: 23:09 - 18 Nov 2011    Post subject: Reply with quote

just put it in your garden?
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calyx
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PostPosted: 23:11 - 18 Nov 2011    Post subject: Reply with quote

Park it somewhere else and walk for 3 minutes you lazy bar steward Laughing
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stinkwheel
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PostPosted: 23:12 - 18 Nov 2011    Post subject: Reply with quote

Fuck-em. Park it on the road.
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Martay
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PostPosted: 23:14 - 18 Nov 2011    Post subject: Reply with quote

calyx wrote:
Park it somewhere else and walk for 3 minutes you lazy bar steward Laughing

Im not going to post up where i live, but you only park your car out of view if you want it nicked! This area of town is normally on fire and over-run by chav-scum.

mattsprattuk wrote:
just put it in your garden?

Walled off and too small! Trust me, thought of it!

Just a note, im not the only one that does it. 4 others all park the same.
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D O G
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PostPosted: 23:29 - 18 Nov 2011    Post subject: Reply with quote

Martay wrote:
Just a note, im not the only one that does it. 4 others all park the same.


Create a united front. Lobby the neighbors, get them to support you - organise a petition from the street, send directly to the highest individual in the council and relentlessly follow it up with dialy phone calls.

I reckon that would kill any action pretty quick.
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Walloper
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PostPosted: 23:39 - 18 Nov 2011    Post subject: Reply with quote

Better to talk or write to you MP (Whether you voted for the clown or not.)
You are up against folk who didn't do well at school if you are talking to the council.
They are, mostly, fucking idiots who live in an institutionalised existence protected by local and national legislation.

They do not deal in compromise as the individuals who 'deal' with stuff have no personal remit to change interpret rules.

Do not let it get to police as this will put those fucking morons on your case too.

If others are affected then you must ALL speak to a councilor and ask for improvements to parking as A PRIORITY.

This is a legacy of our shitty past when the working man was never expected to own a vehicle/horse.
Fight them but at their own game.
I had to deal with a useless-twat-of-a-man about speed bumps on a long stretch of road.
The bumps were made of concrete mono-block impossible to stop on and some were on 90deg. bends on an incline bla bla....

Anyway, I thought if I asked I might get some understanding.
Did I fuck.
But funnily enough after talking to the local MP the lumps on the road were moved and others re-surfaced about three months later.
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Rogerborg
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PostPosted: 10:40 - 19 Nov 2011    Post subject: Reply with quote

Road Traffic Act 1988 Section 34 wrote:
34 Prohibition of driving mechanically propelled vehicles elsewhere than on roads.

(1)Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a)on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b)on any road being a footpath, bridleway or restricted byway,

he is guilty of an offence.


Read on for the possible exceptions.

I would suggest that you take legal advice from a specialist motoring solicitor, possibly sharing the cost with the other residents.
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owdamer
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PostPosted: 10:58 - 19 Nov 2011    Post subject: Reply with quote

Can't see you getting anywhere with the council on this one to be honest. I complained to our local council that my street was getting jammed with cars from neighbouring streets and they just looked at at map and told me to park in my back yard. Seeing as this is a shared yard that wasn't really an option so they then said rent a garage. I think its in the councils remit to discourage car ownership so they do little if anything to help.
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Walloper
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PostPosted: 11:03 - 19 Nov 2011    Post subject: Reply with quote

gone away wrote:
I think the councils hire nincompoops so they do little if anything to help.



Fixed it...
Wink
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ajbsmirnoff
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PostPosted: 19:12 - 19 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

Martay wrote:
or the space is allocated for the people to come home to.


Unless they've bought and paid for the land, no one has the automatic right to a particular parking space.
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-LG-
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PostPosted: 20:01 - 19 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

Martay wrote:
Hi,
looking for some advice.

We live down a quiet residential road, houses both sides of the 1way road. The houses opposite have a layby along the length of the road for parking. This is normally always full, or the space is allocated for the people to come home to.
Our side, the layby is only just big enough for 3 cars. This is to serve a run of 5 houses, all of which have at least 1 car each.
Obviously, there isnt enough parking, so i normally park on the grass verge out the front of my house. Never had a problem. Im sensible, dont wheelspin it etc, and ive happily moved it in the past when the council wanted to mow the grass.
Anyways, got a letter today addressed to the 5 houses, basically saying do not park here otherwise they will take action!!!
I rung them up, spoke to the bloke who issued the letter. I said there is simply not enough parking to accomodate the cars, and i dont park on the road as my car is a resonable size, and i dont want to cause issues for cars driving past.
He said its got a 'High Priority' ( Laughing ) and they will be getting the police involved against persistant offenders and will fence the area off, blocking a car in if needs be! I laughed at him. If the fence my car in, i will either drive through the fence or cut a gateway through!
Suggestions?
Ta
PS Ive attached a piccy to help.


Tell them its an offence to stop someone having access to the road Wink.
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Martay
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PostPosted: 22:33 - 19 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

ajbsmirnoff wrote:
Martay wrote:
or the space is allocated for the people to come home to.


Unless they've bought and paid for the land, no one has the automatic right to a particular parking space.


If i park in 'someones' spot, i either get a sarcastic note or a knock on the door. After this letter im not going to let it bother me.

Ive decided im going to get an alarm fitted, both as a deterrent to theft and also if someone does bump or scrape past it, ive got a chance of either seeing them or them waiting.
Only after i get an alarm sorted am i going to park on the road. I dont care if i block the thing! Currently im still parking on the verge because, as usual, theres no spaces.
The chances of getting all the residents united are quite slim. Everyone is far too busy with their own lives and have no interest in 'the greater good'
Im going to ring the MP on Monday, try to get something sorted.
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Rogerborg
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PostPosted: 09:17 - 20 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

Martay wrote:
The chances of getting all the residents united are quite slim.


If you end up doing most of the work anyway, then all you really need is their names and/or a contribution to any costs. Make it easy for them, you might be surprised. Spirit of the blitz and all that.
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iooi
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PostPosted: 09:51 - 20 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

Martay wrote:
If i park in 'someones' spot, i either get a sarcastic note or a knock on the door. After this letter im not going to let it bother me.
.


Tell them that as the council have now decided that you are no longer able to park on the grass....

That NO ONE has a right to a certain spot to park. Unless its a designated disabled space marked on the road.

Therefor its 1st come 1st served. Unless they would like to all get together and take it forward with the council Thumbs Up

Given that you say its a one way street and the road is more than wide enough. Parking on the roadside should not be a issue.
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G
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PostPosted: 10:26 - 20 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

I used to always park my van half on a bit of 'council' grass. While there was a fair bit of space on the road, seemed fair to make sure there was as much space as possible for people turning etc. Regularly much longer grass under my van.

Definitely write to your MP. I'd be tempted to print the letter and send it, but include an email address for replies.

It looks like there's loads of space to make some diagonal parking spaces. Perhaps request that this is done to alleviate the problem.

Definitely try and rally your neighbours around, especially those that like to think they have 'their' space and explain you really don't want to take up space on the road.

How about buying a couple of old cars and parking them on the street to inconvenience stuff further? Smile
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DrDonnyBrago
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PostPosted: 10:38 - 20 Nov 2011    Post subject: Re: Council moaning re. parking Reply with quote

Park in the spaces if you get there first, park on the road if not. Park legally and anything beyond that is not your problem.
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yen_powell
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PostPosted: 11:09 - 20 Nov 2011    Post subject: Reply with quote

If you increased the length of the north eastern layby right into the grassed area you could accomodate an extra 4 cars. Increase it one bay to the left as well that would be 5 extra cars. Switch to echelon parking (if the road is one way as you say) on the north eastern side only, plus the layby extension and you'll have more spaces than you need.

If it was me I'd draw up plans to scale showing the proposed changes and a rough estimate of the cost.

Then start a petition to the local councillors pointing out the proposed parking enforcement action, the fact that current estate parking guidelines recomend that residents should be able to see their cars when parked from their house and the potential improvements to sightlines and pedestrian safety which would result.

Get all the people in the street to all sign it. Then go the the neighbouring streets and knock on doors and ask them to sign it saying that this would mean less cars overspilling onto their streets.

Follow up the petition by visiting your councillor at his surgery and asking him if he would meet residents to see the problem first hand. If he agrees, make it look worse than it is by arranging the meeting for when the road is most full of vehicles. Make him a cup of tea and offer him nice biscuits.

Yours faithfully
A fucking idiot who lives in an institutionalised existence protected by local and national legislation (aka a nincompoop)
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st3v3
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PostPosted: 12:44 - 20 Nov 2011    Post subject: Reply with quote

As above, give them plans for constructive action signed off by your neighbours and ask them; if that won't work what do they suggest?

if you park on the street and your care is damaged you will send the bill to the council office since you gave plans to rectify and they ignored it. it's not a double yellow'd road, they can't ticket you for parking there and I've seen this happen all over the land.. if the Police come ask them what offence it is?

When DVLA told me "it's an offence to neither re-tax your vehicle or declare it SORN" I asked what offence I would be guilty of, they said "it's an offence", I said if they can't tell me what offence it is i don't see myself liable for it..

I know they're right but they coldn't tell me after a half-hour chat what I would be guilty of (er, it's a non-endorsable offence with a max £200 fine) so see if the cops can inform you on your rights, and wrongs.

I'd still park there for now...
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Walloper
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PostPosted: 23:39 - 20 Nov 2011    Post subject: Reply with quote

yen_powell wrote:
A fucking idiot who lives in an institutionalised existence protected by local and national legislation (aka a nincompoop)


Anyone else in the council apart from our yen_powell.

The only person who 'works' in the council.

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Rogerborg
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PostPosted: 00:18 - 21 Nov 2011    Post subject: Reply with quote

st3v3 wrote:
When DVLA told me "it's an offence to neither re-tax your vehicle or declare it SORN" I asked what offence I would be guilty of, they said "it's an offence", I said if they can't tell me what offence it is i don't see myself liable for it..


The untrained Taffy mong you spoke to should have known that it's Road Traffic Act 1988 Section 144A. It's a strict liability offence, and I believe it's level 3, i.e. £1000.

Section 144B (9) implicitly overrules the Interpretations Act 1978, so we might not be able to just assert that we posted the SORN notice, depending on how Magistrates and Sheriffs want to play that one.

Fortunately, they forgot to put the same clause in section 144C so we can just say that we posted the FPN money and they should take it up with the Royal Fail.
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G
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PostPosted: 00:34 - 21 Nov 2011    Post subject: Reply with quote

Rogerborg wrote:

The untrained Taffy mong you spoke to should have known that it's Road Traffic Act 1988 Section 144A. It's a strict liability offence, and I believe it's level 3, i.e. £1000.

Section 144B (9) implicitly overrules the Interpretations Act 1978, so we might not be able to just assert that we posted the SORN notice, depending on how Magistrates and Sheriffs want to play that one.

Fortunately, they forgot to put the same clause in section 144C so we can just say that we posted the FPN money and they should take it up with the Royal Fail.

Maybe me missing something, but that seems to be about insurance, not VED/sorn?
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Rogerborg
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PostPosted: 08:04 - 21 Nov 2011    Post subject: Reply with quote

G wrote:
Rogerborg wrote:

The untrained Taffy mong you spoke to should have known that it's Road Traffic Act 1988 Section 144A. It's a strict liability offence, and I believe it's level 3, i.e. £1000.

Section 144B (9) implicitly overrules the Interpretations Act 1978, so we might not be able to just assert that we posted the SORN notice, depending on how Magistrates and Sheriffs want to play that one.

Fortunately, they forgot to put the same clause in section 144C so we can just say that we posted the FPN money and they should take it up with the Royal Fail.

Maybe me missing something, but that seems to be about insurance, not VED/sorn?


Yes, it's now an offence to keep an uninsured vehicle. SORNing it - although it's not actually spelled out as such in the primary legislation - gives an exception, in 144B 7 (a). The whole thing reads like a scene from Brazil.

I have two demands from Capital Group Plc the DVLA for bikes. I was looking forward to my day in court (of course I posted the SORN) but 144B 9 is giving me pause for thought. For professional reasons, I can't really afford to have two criminal convictions on my record, and may have to cave in if they prosecute. Sick
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G
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PostPosted: 09:35 - 21 Nov 2011    Post subject: Reply with quote

Hmm, I see what you mean, but rather 'open to interpretation'.
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