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Parking in private residents' car park


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I wonder if anyone would be so kind as to give me their thoughts on this.

 

We are residents in a Housing Association flat although we rent it privately (and pay double the rent!) from a private landlord.

 

The flats have private residents' car park and my husband has 2 cars parked in it that are SORN'ed but the tax has run out.

 

The HA has now put notices on them that they have to be taxed or they will remove them by 17 November and we have no right to park on the land.

 

Is this true as we are residents?

 

We are waiting to get some money up together to get the cars sorted and back on the road or sell them.

 

The car park is very big and other residents can always get a space but someone may have complained.

 

Just really not clarification that we have no right to park SORN'ed cars in a private car park.

 

Many thanks.

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I would think that the HA sees this as wrongful use of the carpark,

by storing cars on it that are on taxed or insured.

You need to contact the HA to find out their reasoning.

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it is the HA land, my personal opinion is try to speak to HA explaining situation and try to resolve the situation, as for legal implications I cant really advise

.

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I have had a look at a couple of things on residential

car parks in general it seem there are restrictions on

storing untaxed and uninsured vehicles, check also with

your landlord and your tenancy agrrement.

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I would suspect that they can remove them

having given formal notice to you.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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there have been a few threads like this before

 

as far as i can remember, as long as there is nothing stated in the T&C

then there is nothing they can do about them

and are just being picky.

 

there is no law as such, though, if the car park has non gated access i think you are outside the law as they should be insured?

as if they catch fire/or are torched, you are responsible for damage they cause?

 

if they are insure, i dont think there's nowt they can do about then

 

have a read around

 

you'll have to use the advanced search top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Presumably the landlord has a lease for the flat? That should set out the rules of the car park.

 

The 'landlord' has a lease the OP doesn't as its a HA property its probably against the tennancy to sub let anyway so if he kicks up a fuss he will probably get evicted along with his cars.

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  • 2 weeks later...

Just an update on this if anyone is interested. Contacted the HA and they refuse to budge on this, they extended the notice to 6 December for us though. Seems unbelievable someone can threaten to take away your property, but it seems they can. We want to repair the cars but are waiting for some compensation money which is just nearly at completion point (after 3 years!) but of course we don't know when exactly when it will come. Trying to get friends help to keep them till we can now. Thanks to everyone who posted.

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In the eyes of the law, if the public have acces to the property and the car park then the cars must meet the same requirements as if they were on the road. The HA is being more than fair. They could if they want contact the local council, police or DVLA and have them removed straight away.

 

In all fairness your financial problems are no concern of the other residents who will likely not want to see old broken down cars parked in their street.

 

DX makes very good points of you would be financially responsible if one caught fire and damaged another persons car or worse still burnt down one of the properties.

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Hi

 

what has most likely happened is you Landlord has bought the Flat from the Housing Association Only and not purchased any parking spaces. Therefore it does not entitle you as a Private tenant to the right to use the Housing Associations parking spaces.

 

You Really need to check your Tenancy Agreement from your Landlord as the parking space provide will be for the housing associations tenants use and not yours.

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