Un-TAXed vehicle parked in private parking space

[binge]

Right, as you all know, my Transit was wrecked in September by a Romanian lorry.
The insurance claim is still going on, and obviously the van is/was undrivable.
I moved it back to my house, but as the TAX ran out end of September, I had to get it moved off the road.
I parked it on our personal parking space/drive way outside the flat. It is OFF the road, and the space is a plot which is on the deeds to the house.
It's a Part rent/Part buy piece of shit mortgage from MOAT which I would advise anyone AGAINST ever buying from. The company are arseholes!

Anyway, van has been parked in the space happily for the past few months. Today, I finally got round to starting the repairs on the van.
Just out of sheer coincidence, I went round to the front of the van, which faces away from our flat windows, and noticed a sticker on the windscreen;

https://fbcdn-sphotos-h-a.akamaihd.net/hphotos-ak-xpa1/v/t1.0-9/1555479_10153042914185606_4557649554547668790_n.jpg?oh=6049961a1a7e535ee43f4f6bd59bccef&oe=55542351&__gda__=1432286011_fbf1be6b6426506b5ed6a135d2659dff


So straight away, we got on the phone to MOAT to find out why I am not allowed my van parked on my private parking space.
They started saying because it is not TAXed it cant be there because it's a publicly accessible carpark.

What are my right here?

MOAT are under the impression that on Friday they can come and lift my van off the floor, and take it to a scrappy.
IF they touch my van while I am here, they will be eating something heavy and metal!
If I am out, and they take the van away, do I have any grounds to sue them?




Ben

[Commuter_Tim]

Inb4 Pepipoo
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The above post is most likely nonsensical.

I ride a Bandit 600... badly.

[swampy]

Is the parking space included as part of the deeds to your property ?
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[Ste]

[binge]

As stated, it's a Part rent/Part buy with MOAT.

But nowhere in our contract does it say we can not park an unTAXed vehicle on our drive way.
The driveway is 'Plot 28' and is on the deeds with our house.

[mentalboy]

Check your tenancy agreement, that notice on your window is relating to TORTS act.
Has the landlord made reasonable efforts to contact you prior to issue of notice?
Does your tenancy make any hint at things that should not be parked on your driveway?
Has the van been continuously insured, if so I fail to see how tax, or more specifically lack thereof, is an issue.

The whole lot boils down to whether you've broken any clauses in your tenancy agreement.

In the meantime I'd be inclined to remove a rear wheel from the van, makes it bloody awkward to tow away.
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Make mine a Corona.

[CaNsA]

[swampy]

[binge]

The very first I heard of this is today when I saw the shitty sticker on the windscreen, which is facing a 6 foot fence/wall.
I noticed it 12 days into the 14 day notice period too. Not heard a thing previous.
They know where we live, as the flat is on the same plot of land, and the parking space is marked 'Plot 28' in big letters on the floor in front of the bay.
That corresponds with plot 55 (which is our house) on the deeds.

Insurance, TAX and MOT all expired end of Sept. But I don't see why it matters. It's my personal property, and if I wanted to, I could put some flower pots down on there and make it into my garden if I wanted. There is nothing in our contract/agreement stating what can and cant be put on plot 28 as the O/H has just been reading through it tonight.

[binge]

https://fbcdn-sphotos-b-a.akamaihd.net/hphotos-ak-xfp1/v/t1.0-9/10341994_10153042914325606_7261712369552503951_n.jpg?oh=c70d879ed5a68ded913a51efb60e66f0&oe=5555FCF0&__gda__=1432902805_6ee38dd2baef3d85cc443c269e081ab7

[binge]

https://fbcdn-sphotos-b-a.akamaihd.net/hphotos-ak-xpf1/v/t1.0-9/p526x296/1977044_10152229843440606_183501075_n.jpg?oh=76c6d422c41c75bd9de31422296118dc&oe=55507480&__gda__=1431594986_7f771202f0cdc656de3e56a9f7935b61

[swampy]

[mentalboy]

[dydey90]

Inform them that the vehicle contains a tracker and you will be prosecuting for theft if the vehicle is removed.

I assume you can't tax it because of a lack of MOT?
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This post is probably not serious and shouldn't be taken literally.
Past: CBR125,ER6f NINJA 650, ZZR600 Current: VFR750

[Rogerborg]

Nice response.

PePiPoo or a solicitor.

I'd be pointing out (by email with a followup call) that Protection of Freedoms Act 2012 section 56 makes it a criminal offence for them to immobilise or move your vehicle unless they can show an entitlement to remove it.

Then asking them to explicitly state their cause of action, and what they say creates that entitlement.

If it's Road Traffic Regulation Act 1984 section 99, assert that the vehicle has not been abandoned, and is not causing an obstruction or danger. Ask them to show their evidence that they are an empowered authority for the purpose of this act.

If it's purely civil and contractual, ask them for the section of the contract and let them know that if they move it then you'll press for criminal charges under PoFA, and take civil action to recover all your costs, including consequent costs.

Enjoy.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[P.addy]

[JP7]

I'm just in the process of buying a new property. Because my new estate won't be adopted by the council it will remain a private estate and therefore owners will be paying a management charge. This is the same as the estate on which I currently live, and is very quickly becoming standard practice on new build estates.

As part of my contract and the estate management contract, although I own the house and parking spaces, I will not be allowed to park any untaxed or unroadworthy vehicles, and the management company will have the right to remove the vehicle and charge me for the privilege.

You will probably find this is a similar situation to yours, and that it will be buried somewhere deep in the contracts or deeds of covenant. Have another look at your paperwork, because it is likely they will charge you for removal if they enforce it.

[Joncrete Cungle]

[carvell]

[Ariel Badger]

Is it SORN?
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[Joncrete Cungle]

[Wonko The Sane]

Is it worth highlighting to them that the vehicle is the centre of an ongoing insurance claim and tampering with evidence isn't a good plan?
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[binge]

Well it's a good job I was out banging and using air tools deep into the night then to get it road worthy.

Booked it in for an MOT today at work (Did it online last night), and then drove it to work this morning nice and legally, as the company insure me to drive any vehicles traveling to work for works to be carried out.
And obviously the MOT and TAX clause to get there too.

Didn't even bother with the test, Tester took one look at the N/S sill / quarter panel, and said it'll fail.
So going to spend Sunday welding up the sill, and sorting out bits and pieces. Will then get a years ticket put on it, and will probably list it for sale.

https://fbcdn-sphotos-a-a.akamaihd.net/hphotos-ak-xap1/v/t1.0-9/10405473_10153045271820606_4461765128279572615_n.jpg?oh=e69930c7c268cab5fab65f1a68a15ebe&oe=555378BD&__gda__=1432844264_30ffbca16bc093ab501cba0c2451095d

[Rogerborg]

Found the 'we we, we will, tow you' clause in your contract?
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[DrDonnyBrago]

Found out which neighbour complained yet?