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perplexedofdorset

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Everything posted by perplexedofdorset

  1. I put in the bit about the deeds (tho not telling them that we hold at least one set) as the initial communication asked if we (the residents of the terrace) had any knowledge of a right to park. OH has ascertained that the HA does indeed own the land (from the land registry website) but I think this was bought from the developer (who originally bought the land 93/94) in '98.
  2. Ok, I am really stressed at the moment and need this part of it to be over so this is the letter Im suggesting be sent. Please could you look it over and let me know if there are any pertinent changes to be made. Legalese to be added etc Thank you for your letter of 10th March. I find the apparent shortage of parking spaces surprising as there are 42 available spaces and only 16 properties in *** itself and I personally have never seen the car park completely full. I suggest your legal team should examine the deeds relating to the transfer of the land to the developer of Wilson Park back in the 90s. The residents of ***** have enjoyed access to and parking on the land of the **** car park since before **** was built and (more importantly) continuously since. An easement therefore exists which allows us to continue parking, and which we are now thinking of registering on the deeds of the **** land.
  3. Thank you brother of Eric....and to all of you who are spending their time trying to help us with this thorny issue. The last post was written by my OH who has done a lot of research. The land was sold 1993/4 but the was not developed until 1998 (before being opened for use in 1999) Before then the land were large gardens / fields used as allotments, livestock etc for some of the farm cottages ... including ours. OH believes that as the plot was a building site 18 years ago, nobody would have been allowed access or parking rights during that period and therefore we can't say that we have had continuous use of the land for 20 years. I say that the HA would have to prove that we haven't but OH believes the HA has a legal team and would therefore top trump mere mortals such as owner occupiers. Please can someone on here elucidate as to whether the time to achieve an easement is 10 or 20 years?
  4. I have been reading the land registry practice guide 52 - Easements claimed by prescription. This says that the use must be for at least 20 years....as we have only been here 10 1/2 years we will struggle to prove that one! https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription As suggested by Ericsbrother we will look into other types of easement.
  5. amended paragraphs ... You suggested that a permit scheme might be introduced within the car park area of *** ***, could you explain how such a scheme would relate to visitors of any of the properties in the area? Could you confirm that the access road itself – from **** and extending past the bottom of all the ***** gardens to the rear boundary with the *** Road properties - is not included in your proposals. Finally could you also assure me that if (HA) were to employ the services of a reputable agent to manage the parking, that the guidelines under which they are to work would be published to all residents in the immediate area? The fact that they are prepared to issue the permits for free implies that they will seek recompense by alternative means, and parking companies have an extremely poor reputation. With regards to your last paragraph Uncle B, I really do think this has arisen as the original HA has been merged/taken over by another (which are those now contacting us) with a more efficient team perhaps or they have waded into the complaints of the HS residents and have not yet turned the volume of the hearing aid. We live in a lil market town (not a great market) in the wilds of Dorset and the area is question is not even particularly near town centre....so not a great lure for people who want to avoid parking fees or restrictions.
  6. Thank you very much for all your input, I do appreciate it can be very difficult to visulise a layout in a situation but your advice is much appreciated and well received. here is a copy of the letter we propose to send to the HA (they have recently been merged with another HA. The original HA never did anything about the state of their properties....hence the new broom effect we think) RE **** CAR PARK Dear *** Thank you for your letter of 10th March. Parking is a perennially contentious issue wherever you go and I was aware of some disquiet amongst some of the residents of *** ***. I do find this surprising as there never seems to be a shortage of spaces, although it is not something I monitor closely. There are 42 spaces and only 16 properties in *** *** itself. Your legal team should examine the deeds relating to the transfer of the land to the developer of *** *** back in the 90s. Our property has enjoyed continuous access to and parking on the land of the *** *** car park since before *** *** was built and (more importantly) continuously since. An easement therefore exists which allows us to continue parking, and which could be registered on the deeds of the *** *** land. However I fear this would only further aggravate the situation. May I suggest that a pragmatic approach would be to issue us with a permit for one vehicle? Whilst writing could you explain how the proposed permit scheme would relate to visitors of any of the properties in the area? Could you confirm that the access road itself – from **** and extending past the bottom of all the **** **** gardens to the boundary to the rear of the ***** Road properties - is not included in your proposals. Finally could you also assure me that (the HA) propose to employ the services of a reputable agent to manage the parking, and publish the guidelines under which they are to work? The fact that they are prepared to issue the permits for free implies that they will seek recompense by alternative means, and parking companies have an extremely poor reputation. I look forwards to hearing from you at your earliest convenience. Kind regards Sorry meant to add (can't find edit button) any good??? Needs more??? ???
  7. Hi there and thank you for your input on this.. Out of the 10 cottages, 1 is HA, I think the developers who bought the land bought it at the same time. (it is the end house in the terrace adjacent to the road that leads down to the HA houses proper.) The other 9 houses are freehold with 3 being rented out by their owner, a local builder/property owner. Good point about the land being owned by someone else but how would I find this out? I think it is the HA's tho'. The right of access is both pedestrian and motor vehicle. Most of the peeps who live here are not very well off so asking them to contribute to the cost of a lawyer will, imo, not happen.
  8. Hi there, I have lived for the last 10 years in a Victorian terrace of 10 houses, which have traditionally long thin gardens which slope down to a paved Housing Association car park. The gardens of the terrace used to extend much further than they do now but the previous owner of my house, along with another, who owned this land sold it to a HA for development in 1994. The houses were finally built in 1999. Before and since the sale, the residents of our terrace have parked their cars on the land and after it was developed by the HA, in the paved car parking area. For myself that means I have been parking in the HA car park area for over 10 years.... Other residents have been doing this for longer. Some of the residents have incorporated drives on the end of their land. Some have not as the land has a 1:14 incline which means that leveling the land for a drive is an expensive and time consuming process. Last week all the residents of our terrace received a letter from the HA stating that they were looking into issuing permits for their residents and employing an agency to monitor the car park and those who use it without a permit. They had tried to establish our terrace's legal right to park on the land but could not and they are now asking for anyone who has evidence that our terrace have a legal right to park on the HA land to come forward by the end of the month. Questions: I have the deeds relating to the transfer of ( half of) the land to the HA as the previous owner of my house was one of the two that sold it to them. I know of a right of access but haven't yet immersed myself in the legalese ... what would I be looking for? Is two weeks a reasonable amount of time to allow before shutting the gates on this enquiry? Does the fact that the residents of our terrace have been parking unchallenged on the land owned by the HA since 1994 hold any legal implication? If permits were issued to the HA residents what would happen for our terraces residents or any visitors who need to park? Please can you help??? Sorry if the phrasing of this thread is clunky but I'm just a Joe Schmo with no legalese.
  9. Thx Uncle B...Lets hope he is on a well deserved holiday.
  10. Dear Brig, I am trying to send you a message. Please let me know when you are able to receive it. Thank you, Sorry for the interruption to the post.
  11. Brig darling, your inbox is full!!!! I've got a message for you.
  12. Pros are that you don't get points Cons are that next time you get 10 years Is that a joke???!!! My insurance is quite low (I've been told) as I do limited miles and have a XX years protected no claims bonus thingymy. OH doesn't think it would affect the insurance unduly. I read somewhere once that the Insurance co's are now penalising drivers who take the course to avoid the points...any truth in that????
  13. Pros are that you don't get points Cons are that next time you get 10 years Is that a joke???
  14. So obviously you must know by now that I got snapped doing 60 (apparently) on a dual carriageway (50 limit) I saw the van (too late obviously) and thought there was a chance I'd be done... Believe me when I say my 21 year old car was not zipping through the traffic; in fact as I automatically looked down at the speedo (we all do it, don't we?) I read mid 50's and my speedo generally reads higher than my car is going. There were plenty more cars overtaking me during my entire journey, but here were are...The police must have had a good day. Sooo the ticket arrived and unlike any others I've had during my life (14 years ago the last time), I have been offered a £100 fine and 3 points OR £110 fine and a driver awareness course... Soooo what I want to find out is what are the pros and cons, if any, of taking the course, or accepting the points... Over to you boffins
  15. Ok, In my particulars of employment it states that my working week are 18.75 hours (which is a surprise as i thought I was on 20 hours!) on my payslips under hours it says 20 though. In the contract under Hours of Work, it states that working hours may be varied from time to time to take account of operational requirements as determined by the manager ......which means (I think) I'm stuffed.
  16. Hi there, I wonder if anyone can help me with a quick question as to the rights I have over my working hours. Firstly the facts; I was (and am still) employed as a Passenger Assistant by the county council in November 2009 for a part time position that was detailed at 20 hours per week. I was looking after a disabled child to and from school. This January the family moved, without warning, to another area and I was left, after 4 years one month, with no route. They have given me a temporary run to cover long term sickness which is much longer (nearly half the hours again) I have expressed a wish to be moved but this has fallen on deaf ears, probably because no one else wants to do this particular run. I would like to know how forcefully I can 'ask' that I am assigned off this run; to another sickness cover maybe that is more in line with my originally contracted hours. I like the job I do, but don't want to work so many hours (or on this particular run) Hopefully someone on here can tell me if I have any say in this and how I can get this resolved as easily and 'professionally' as possible.
  17. Thanks bank fodder, that's what i thought too. As the basin, basin unit and unit for the loo (not the loo itself) cost nearly a grand, I was thinking that it would be excellent quality. When i reply to the retailer with the info on when it was purchased (2010) should I prempt them or???
  18. Hi Guys, just a quick Question, Can anyone tell me what Consumer rights we have in regard to expensive items such as bathroom suites, basin, bath etc. Reason being ...my composite basin has recently acquired a mark within it (within...not on the surface) and I have now been asked to produce a receipt ( HAAAA..ala Mrs Krabbappel ) to ascertain when we bought it. I could find the receipt if I mussed around in the loft for a bit, but know already through pictorial evidence...(Ah the wonder of digital cameras) that the bathroom was purchased and installed in April 2010....So is now just over 3 years old. I just want to know where I stand when they come back and say ... "OOOOhh ( sharp intake of breath)...its outside guarantee period!" Hope this makes some sense...I'll stand by for your replies...
  19. Hi Brig, I'm going to send the card back today (we have 'til the 13th May to return it; yes... I've been downhearted and procrastinated) I got my OH to sign it; well print Mr XXX (as the place they wanted him to sign Mr XXX) I also wrote a note on the bottom noting that they didn't enclose an SAE as they said they did but then my OH, (after scrubbing out the I agree with the FOS decision, Obviously we ticked the 'I disagree' box) wrote after the bit where it said 'The ruling in respect of the complaint between Mr XXX and the Bank of Scotland'.....I have never had any dealings with the Bank of Scotland..Who are they? {As you may recall the mortgage was with the Halifax) Will this bugger anything up? Should I send recorded or just get proof of postage? What would happen if we just didn't return the card??? I really need to know before 1 ish please so I can catch today's post... Thank you BTW, we had a lovely weekend
  20. thank you Uncle B and Brig, My OH asks whether the H contacting us a month or so ago, whilst this was still under review, gives us any ammunition ... breach of FOS rules etc? Meanwhile I will return card in post tomorrow and try and enjoy the BH weekend (thanks B.x)
  21. Thank you everyone, I can see both Uncle B's and the Brigs points, which is sad but dont want you to argue ... We now have to return the card thingy to the FOS, should we include a letter saying we do no agree with the balance of probability? or just return the card? I think we are up the proverbial creek without any means of propulsion and now it will be a case of damage limitation.
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