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    • Thank you all for your replies  I am obviuously over thinking things best to continue to ignore  onlymeagain  
    • As advised statute barred debts are dead...if your alive or dead......so are CCJs that are over  6 years old and have never been executed or secured against property by way of a charging order.......no matter how much your estate is worth.
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    • That's logical and correct DX,  and how I understood it to work if they can't pursue the debtor  for the debt whilst they are alive, it can't be resurrected and charged against the estate or demanded personally from executors who knew diddly about that SB debt..
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nobrob

Temporary road closure notice, excessive or am I reading it wrongly?

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Hi all, thank you so much for this great forum. I've found myself here so many times over the years following your advice with great results. This is my first post.

 

This is the letter I received today about the closure of my road. The way I read it, this notice allows them to close the road for the entirety of the 18 month period, as long as they put signs up:

 

The Order will remain in force for 18 months [and] will temporarily prohibit all classes of vehicular traffic at all times [and] will temporarily introduce waiting restrictions [...] only during such times and to such extent as indicated by traffic signs

 

The Order will come into effect on Tuesday 3 August 2010 with the work planned to take place according to the Schedule to this Notice

 

The Schedule lacks any description and there is no information regarding further notices should the Schedule change.

 

I phoned the number on the letter and I was told that the work affecting my road will span only one day, for now. But should there be any changes to the schedule, it is "hard work" notifying all residents and the only prior notice will be new parking suspension signs, normally erected 3 days in advance.

 

I have no immediate problems with this at the moment, only concerns of a worst case scenario, for example: the schedule changes whilst I'm away on holiday for one week, signs are erected three days in advance of the new parking suspension and I return to find not only my road closed, but my car gone.

 

I've completely blown this out of proportion, the work will likely go ahead, I'll move my car for a day and everybody will be happy. But am I alone in thinking that the council's power over this situation and the way they've worded the notice is excessive?

 

Scanned letter:

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The way I read it is that they are introducing an order to be able to close the road for access and deliveries with minimal notice (eg 3 days) for SHORT PERIDS OF TIME, but the order remains valid for 18 months.

 

If they didn't allow the order to cover the 18 months they would have to have a new order for every occasion when they felt a road closure was needed.

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keeping the order in place for 18 months seems standard practise.

 

Looking in my local paper, the notices state the days and times of restrictions and also that the order will remain valid for 18 months.


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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Thanks for your replies.

 

If they didn't allow the order to cover the 18 months they would have to have a new order for every occasion when they felt a road closure was needed.

 

Isn't the whole point of requesting an order to evaluate the need for road closure? Not to mention informing the nearby residents. Requesting a new order if the schedule needs changing makes sense to me.

 

keeping the order in place for 18 months seems standard practise.

 

Looking in my local paper, the notices state the days and times of restrictions and also that the order will remain valid for 18 months.

 

Standard practice or not, I'm concerned that us residents could potentially have our road closed without reasonable notice throughout the 18 month period. Just seems a bit unfair.

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Thanks for your replies.

 

Isn't the whole point of requesting an order to evaluate the need for road closure? Not to mention informing the nearby residents. Requesting a new order if the schedule needs changing makes sense to me.

 

 

They have evaluated the need to close the road to allow deliveries for the upgrade of the property bathrooms etc. and this upgrade will take a given period of time (less than 18 months). These deliveries will take place at various times over the period.

 

Are you really suggesting they need an order to make deliveries to properties numbered 1 to 10, but then would need to apply for a seperate order if they want to make deliveries to properies numbered 11 to 20?

 

If the need exists to close the road for each delivery day, then having one order covering the whole period, with only the need for local notification 3 days prior seems perfectly reasonable.

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They have evaluated the need to close the road to allow deliveries for the upgrade of the property bathrooms etc. and this upgrade will take a given period of time (less than 18 months). These deliveries will take place at various times over the period.

 

Are you really suggesting they need an order to make deliveries to properties numbered 1 to 10, but then would need to apply for a seperate order if they want to make deliveries to properies numbered 11 to 20?

 

If the need exists to close the road for each delivery day, then having one order covering the whole period, with only the need for local notification 3 days prior seems perfectly reasonable.

 

Thanks again for your reply.

 

It's reasonable to me that one order can be valid for several days, even if those days are non-consecutive, this isn't my argument.

 

My argument arises should the schedule need changing. Any changes would not be in the original order, residents will not be notified and signs can be put up as late as three days before the suspension.

 

I like to think I can leave my car on my own road for more than three days at a time (a week or two week holiday?) without concern for it being towed away and this security has been taken away - for 18 months!

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18 months is the maximum permitted without authority from the Sec of State all notices referring to temporary traffic regulation generally state this period. Access can ony be prevented for 16 hours out of 24 so you must be given 8 hours access each day! Perhaps you should have been informed by letter giving a proper explanation as to what was happening rather than just a copy of the notice or order.

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