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Private company towed car from private ground. Is this illigal?


JoeyJoeC
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The parking around here is all private property, and we all have permission to park here for free.

 

There has been lots of works going on recently due to the bad quality of the buildings, so they've used cherry pickers to inspect the works, especially due to lack of fire protection.

 

Today they needed to get into a bay that a van was parked in, in order to put a cherry picker there. They've used a loader and loaded the van onto a flat bed to move it away. And literally right now, I can see them getting ready to load another one.

 

There is no prior notice to them needing access to these bays. They sometimes put barriers up the night before.

 

Surely tampering with someone's vehicle like this is illegal?

 

Apparently they've been moving lots of peoples vehicles without asking, or warnings. They've parked up for now.

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And challenge them. Take videos and photos

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I have a camera that records 24/7, but memory card corrupted. I've replaced it now so I have some of the area covered. I took pictures.

 

Just for search engine purposes, the company is Willmott Dixon.

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I would think theres permission given for this to happen under terms of use or tenancy agreement.

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I would think theres permission given for this to happen under terms of use or tenancy agreement.

 

There isn't, I've just read it.

 

Parking and Roadways

Not to block local roadways, other vehicular access and footpaths, and to keep the road, car parking spaces and footpaths clear of unroadworthy, unlicensed and untaxed vehicles and other obstructions.

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depends what they are doing with them when they are lifted.

To place them on the public highway or to take them away to another location or to charge for recovery is illegal but moving them about temporarily is OK as long as they are not damaged.

 

Wont matter what the leases say unless the lease actually include the parking space as part of the property and even then the vehicle owner will only be able to claim a minimal amount of damages for the trespass.

 

The same would apply if the electirc co wanted to dig up your garden to access a cable,

the cable will be covered by a right of access and therefore moving your car so they can access the garden with excavation equipment will be covered in that right.

 

You can delay such things but try and stop it altogetehr and you will face a large legal bill.

 

An Englishmans' home is not a castle,

you seem to have less right to be there than the local council if you look at all of the statutory rights of entry.

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They moved car's without any notice. I believe they just moved them to other bays. Some bays are allocated to the leaseholders.

 

Someone spoke to the man, and the man told them they were given permission by the council to move the cars "by any means necessary". We've called the council and they said they certainly haven't and wouldn't give permission. So why would they lie about this?

 

Just to add, complaints were made by the other residents to Willmott Dixon and the housing association, but they've all gone silent and aren't returning calls.

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so what rights do you think have been breached by them moving the car?

 

They can claim necessity, what is your argument?

 

They havent taken them off site and they havent damaged them so no illegality in their action.

 

If their digger (for example) is occupying your parking spot you can have it removed at your expense and they will have no grounds for a complaint

 

Nothing to do with the council, it is common law right of access.

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Someone spoke to the man, and the man told them they were given permission by the council to move the cars "by any means necessary". We've called the council and they said they certainly haven't and wouldn't give permission. So why would they lie about this?

 

It's unlikely they deliberately lied to you.

Possible but unlikely.

 

More likely lack of knowledge by the blokes actually doing the vehicle shifting about the legal and contractual ownership of the site.

 

In depth knowledge of housing law is not normally something Wilmott Dixon's site workers have.

 

You say it's Housing Association housing, not Council, so not surprising Council said nothing to do with them.

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Right, they have a council permit to move cars to allow wide lorry's through to the construction site, turns out nothing to do with the cherry pickers.

 

Although obviously their permit says nothing to do with the private land.

 

They've not moved my car,

but they have caused problems where they have loaded up cars,

and a mother couldn't pick up her kid from nursery and is likely to have to pay a charge to the nursery.

 

Someone else believes there has been damage to their front wing of their car but they could just be saying that.

 

We've still not received any warning, they continued to move cars today.

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Hi I see you mention Willmot Dixon & HA in post#7.

 

Could you clarify if this work is being carried out by Willmot Dixon on behalf of the HA?

 

Exactly who is the Landowner of this parking area?

 

Do you have it in writing from the Landowner the Permission to park? (does is stipulate any clauses or refer to lease etc)

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