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Permitbay

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  1. Thank you, it would be so easy just to cave in like everyone else and pay for 5 permits but it is the principle. When someone repeats something often enough as in ' we do not need your permission despite it being your land' you do start to doubt yourself and I think that has happened with my neighbour.
  2. Thanks, the land is definitely on our deeds and is definitely unadopted as I have a copy of the plan from LR as does my immediate neighbour. However, none of the neighbours wants to bother any further fighting the council as this has been going on for over 2 years with the council just going quiet and then not responding. Houses 18-32 aren't interested as although they voted in the consultation they are not affected in any way by the issue. Now that the council have just repainted the lines, the neighbours in the scheme seem resigned to it. I just dislike being walked all over and have all the FOI requests showing the (lack of) policing of the scheme, tickets issued (dates/times) showing more tickets have been issued to residents over the years whose permits have dropped off than actual non-residents parking without permits!! Yet they are here every single day of term. I am waiting for the full response to my last email as promised by their solicitor. However, as the bays are now remarked I am expecting to be told to suck it up. I will be taking it as far as I can and will take legal advice, but I just wondered if anyone had any experience of unilaterally leaving a permit scheme?
  3. It is a novel idea but we did put cones on the curb ( the pavement is wide enough for 4 to walk abreast) so they were not causing any obstruction and the council took them away when they remarked the parking bays. That theft is awaiting their response. So I can't imagine they would hesitate to remove a fence that did obstruct what they deem as 'their' highway even though it unadopted on this side. We really don't want to be difficult, we just don't want to be in a scheme which is useless.
  4. It is not about money, we happily paid to flag our frontage and we would happily pay our share of the road resurfacing costs. 1. It is about the council not being even-handed (in that the majority of householders from numbers 18-32 originally opted out and were not forced into the scheme as the council accepted their rights to do so) and 2. The council not providing the service that the permits purport to entitle us to. Residents living in houses 1-16 are in the scheme and residents 18-32 are not, and never have been. However, residents 18-32 were included in the consultation and asked if they wanted our scheme to continue....and the overall vote was 10-4 in favour. My opinion is that only those affected should have been balloted. The school were also asked. We feel that the vote was skewed to achieve the desired outcome. We never originally voted to be in the scheme but the majority of residents from 1-16 did and so we went with it. However, it soon became obvious that we were paying for nothing as it wasn't policed enough to make it worthwhile buying 5 permits and a visitors permit book. We are happy to have parents parking for 15/20 mins per day to collect/drop off children. We are not happy to pay c£180 PA for worthless permits. I would rather give it to charity. The scheme does not fit and has never fitted, the criteria set out for the creation of a permit parking zone as outlined on the Council's own website. No documents exist from the original scheme and at that point, it was a simple yes/No vote. No contracts, no timescales. The TRO was created by the council and can be varied by them if they choose to do so. We just feel that we should have the ability to individually opt out of a scheme that is not what we thought we were buying. We are awaiting their written explanation as to why we cannot rescind our permission which was given implicitly not explicitly ( we didn't vote in favour but we acceded to the majority and allowed the scheme to go ahead) before we take it further. They have not followed correct procedures and we intend to try to make them accountable for that via legal avenues and Local Government Ombudsman. Only time will tell if we are successful.
  5. I hope so, but the council are adamant they do not need our permission, so we will have to take the legal route I think. I will search for the deeds tomorrow and hopefully, they will shed some light onto the issue. Thanks for your input.
  6. I don't know, I will have to search them out, I know we have them somewhere, but not exactly sure where they are! Does that apply to permit parking issues though? We have no objection to the passage of traffic or road markings or even people parking with consideration, but we simply do not want to be in the council scheme as it is not policed regularly enough for it to be worthwhile bothering to buy 5 permits, especially to park on our own land. I would rather give the money to charity.
  7. Thanks for your response. No, not shared ownership each householder owns the land from their garden wall to the centre of the road. The road is unadopted on this side only, on the odd side the road is adopted, but not the pavement! Unless that is what you mean by shared ownership? We all own our own bit? From the centre line to the other pavement (which is also unadopted) the road is not owned those householders.
  8. We no longer wish to be in a permit parking scheme which we agreed to approx 15 years ago. The land the bays were marked on is wholly owned by us and is part of an unadopted road. The bays needed remarking and we disputed that action because the permit zone is hardly ever policed and so parents from the local school park there without penalty. We gave the council notice that we wanted out of the scheme but they balloted neighbours (some of whom had never been in the scheme in the first place because they were allowed to opt out due to their frontages being private) and the school and three additional houses not actually on the street but with a window looking onto to it and it was voted 10-4 in favour. The ownership of the land is documented at the Land Registry and the council have a copy of that document. We have asked that they redraw the TRO to remove our frontage form the scheme, they have ignored this request and gone ahead with the remarking exercise and also during that process they removed and disposed of four cones from our property (which we owned) without our permission. Against our objections, the council have now remarked bays all across our frontage and an H bar across the frontage of our garage which fronts the road. The council say we cannot unilaterally opt out of the permit scheme and that despite it being our land they do not need our permission to mark out permit parking bays. They have offered no proof of that contention. We are now at the point of engaging a solicitor to fight this on our behalf. Can anyone help with any legal pointers or legal publications we can use to bolster our case? Happy to answers any queries.
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