TORT Notice applied to my car. Housing Association car park **RESOLVED**

[ericsbrother]

Ignoring the lack of tax and MOT to taker it on the road, is it driveable? If not the the HA m,ay be in the wrong if they take it away and destroy it but you can obnly recover your losses and that will be damned close to zero for what is basically a lump of scrap metal (regardless of how you describe it).

Another reason for insuring it, they take the hit for the value of the car then and as already mentioned, if you have the legal help cover the HA will have a bill that is many times the value of your metal lump.

 

Put it bluntly, do something to help yourself either by fully describing the situation where the car is currently parked as we keep getting top up information only as a result of asking numerous times for it or as suggested in several ways go to the very top and either gibe the actual landowner some grief or the Trustees of the HA/charity and that should be in writing and to their personal addresses, not via the pen pushers who are currently causing you grief.

Rax isnt necessary, see the conclusion of a parking ticket appeal in Cheam Library car park, it clarifies the situation for all land whetehr there is access through it or not.

[repressed]

Yes its drivable and its certainly not a lump of scrap metal and I don't see why I should just give up.

 

As for only getting scrap value if HA do take my car, is this your opinion or can you prove this.

 

My TA clearly says I can park my car in the car park with no terms or sub sections that says my car must be roadworthy, taxed, Mot'd and insured.

 

I've given all the details on this forum to the best of my knowledge.

 

Other than who owns the land, whats been asked numerous of times that I've not answered ?

 

I've said what the Tort notice says and reasons why the HA issued it.

 

When I told the HA my car is not abandoned, declared as SORN and on private property, so doesn't need road tax, thats when HA said the terms of my TA says my car must be roadworthy, taxed, Mot'd and insured when parked in the residents car park.

 

 

My car is parked in a residents car park outside my home, just a normal car park, no permit needed or allocated space, just park anywhere without blocking entrances or causing obstruction.

 

I can't just write to Trustees of the HA/charity at their personal addresses, that could be seen as harassment and getting a warning from the Police, which won't help.

 

I have no choice but follow a complaint procedure which must be exhausted before I can turn to Housing Ombudsman but I'd rather it not get that far.

 

By posting on here, I was looking for specific legislation which I could send to the HA to stop the Tort Notice, but nothings been suggested.

 

I've already said why I've not applied to the Land Registry due to time constraint.

[repressed]

11th hour repreive.

Received a flippant email from HA, very little detail but says my car will not be removed as indicated on the Torts Notice and matter been passed to legal team for further advice.

[king12345]

Good, you'll probably get another threatening letter from a solicitor.

Stand your ground and tell them again that if they touch your car they'll be breaking the law and you will report them to the police as well as charging them full replacement value of the vehicle and all associated costs.

[ericsbrother]

already been said, tort notice relies on abandonment so they are using the wrong law and they become liable. they know who the keeper/owner is but are relying on the wording further down the Act.

You wont get doen for harassment if you write to the trustees, you have a right to as it is their job to ensure the employees are doing their jobs properly and they are personally liable for any bills received as a result fo their employees actions.

I have sued the trustees of a HA before, the housing trust bureaucrats didnt like it that I had gone above them as they like to keep all of the wrongdoings and errors quiet. My claim was settled because they dont want a judgement registered and have to appeal in their annual report so they went for a "drop hands" in the court once they realised they had a case to answer.

[renegadeimp]

11th hour repreive.

Received a flippant email from HA, very little detail but says my car will not be removed as indicated on the Torts Notice and matter been passed to legal team for further advice.

 

Because they know they can do nothing to you. The solicitor can do even less. They just use a solicitor to try and intimidate you. Remember, you can get a solicitor to type any letter you want if the pay is right.

[repressed]

Thanks for the replies.

 

Reason I said what I did about harassment of trustees, it's because, I was issued with a harassment warning for contacting a trustee.

 

I've since discovered I didn't have to sign or acknowledge it.

 

I was unhappy with the services of a NHS appointed organisation which has since been shut down by its governing body for bad practice, and I had unwittingly wrote to a trustee and followed it up with a phone call.

 

During the call, the trustee was annoyed I had written to her home address and phoned her home but suggested I call another number and leave a message, which I did.

 

Within hours, 2 Police cars arrived and four Police officers where at my door.

I was told not to contact the trustee again and I foolishly signed the harassment warning although I didn't think I'd done anything wrong.

I guess I was overwhelmed by the presence and attitude of the Police.

 

The trustee had cunningly asked me to leave a message at another number and this, with the letter (not email) was enough for the Police to issue a warning.

I dont want to endure that again and I certainly don't want another warning.

[renegadeimp]

You can be issued a notice for anything. It doesnt mean it has any legal standing though. With regards to the officers, it sounds like they were fed a pack of lies.

[king12345]

Harassment of a trustee?!?!

This bollox has made my day.

What are trustees for if they don't want to be disturbed???

[repressed]

The Police said I must follow official complaint procedure and not be writing to or phoning a trustee at their home.

Although, over the years I felt aggrieved enough to complain and have made a few complaints, official and otherwise, I don't know the full ins and outs of what's acceptable and what isn't, that's one of the reasons why I posted on here.

The Police turning up how they did, although years ago now, makes me all the more cautious, I didn't like it and it was embarraasing.

[renegadeimp]

The police shouldnt turn up and advise that. Its nothing to do with them. One letter/call certainly shouldnt have them coming to your home.

[repressed]

Yes I agree, but they did and no matter what I said, it was because I'd written to a trustee at her home address

 

It's easy says I should tell them it's nothing to do with them but in the heat of the moment, I thought they were going to arrest me in front of my family, and the neighbours which had gathered outside, I guess because of the Police cars

[renegadeimp]

Thats still not harassment. Something else has happened. if they did arrest ya, youd have a nice claim against the police.

 

But thats in the past. You have the right avenue to persue now, and youve called their bluff, hence why they are trying to intimidate by using a solicitor. A solicitor that should say they dont have a leg to stand on unless the car was abandoned, which it clearly hasnt been.

 

in short, the sol sounds pretty inept.

 

What did you actually say in that letter, and what have the sols said?

[repressed]

I can assure you nothing more had happened, I complained in writing by letter got no reply, complained again, still no reply, so I sent another letter, this time to a different address, which turned out to be that of a trustee and other than the follow up phone calls, thats it.

Some months after the Police warning, I got a letter from the governing body saying organisation been shut down due to bad practice.

I never pursued it.

[repressed]

What did you actually say in that letter, and what have the sols said?

 

I Just sent an official complaint saying everything I've already said on this forum, that my car is not abandoned, its declared as SORN and my TA says, as a resident, I can park a car in the residents car park and the clause the HA quotes, saying my car must be roadworthy, tax, mot'd and insured is not stated in my TA.

 

I also said government legislation allows a car owner to declare a vehicle as SORN to the DVLA as long as it's taken off the road

I've followed this legislation and ensured the car park is private property and doesn't form part of the adopted highway.

 

I also included the contact details of everyone I spoke to at the local council and the Police.

 

I also said, I don't authorise the removal of my car as the HA doesn't have the lawful authority to remove sell or destroy my car without my consent and I will hold the HA liable for any loss and or, any additional cost incurred and or, any damaged caused as a result of its removal.

 

I've not had a letter from HA solicitors yet. Just that this matter has been passed onto the legal team.

[FTMDave]

Well done!

 

So after all their bravado, once you fought back they soiled their underpants and ran away

 

If their original TORT notice was legal, why do they have have to consult the legal team? 'Cos of course they haven't got a clue really legally. Typical of HAs, NHS trusts (my experience), etc. Anyway, well done on fighting back.

[repressed]

Thanks, just hope it's an end to it or at least its give me more time to find myself a garage.

 

After a phone call to the council today, it doesn't look like ill be getting a lock up any times soon.

[stu007]

Ah Don't you actually mean the Housing Association own inhouse Legal Team.

 

As already said if the TORT was Legal why all of a sudden does the HA have to consult there Legal Team. (I can see that little cloud from the HA saying 'we are not telling him we messed up think fast, ah lets use we need to consult Legal Team) ah they got legal by sending you that TORT Notice then saying you were in breach of your Tenancy Agreement as the Clause was in there about this action.

 

Just so you are aware if it is an inhouse Legal Team they will more that likely have a Solicitor and Paralegals to do the leg work. so you do your research and check the credentials of the Solicitor or Paralegal and importantly remember you are actually paying for this inhouse Legal Team via the Rents.

 

So you fight back and Challenge everything as I have mentioned via your Formal Complaint even during it if they say X is white when its a different colour then you ask them to provide you with the correct Legislation/Regulation/Housing Association Policies/Tenancy Agreement etc and you require copies of these or link to that information.

 

This Latest update you got from HA if you know who sent, I would respond informing them that you have made a Formal Complaint about this issue and require clarification from them that they are aware of this.

Edited December 1, 2018 by stu007

[repressed]

Yeah, the email from HA said passed to their legal department for advice.

 

Only fact HA claimed is the clause of my TA saying cars in the car park must be roadworthy, Tax etc and they still haven't provided proof because it's not in my TA and it's not even in the new TA which they want residents to sign.

 

I got the current result/response because of the formal complaint, which they say, now it's a formal complaint they must adhere to their formal complaint procedure.

 

Which incidentally is ridiculously labelled as:

Stage One is Zero

Stage Two is One

Stage Three is Two

[stu007]

As for the HA Complaints Process and the Stages you have mentioned I do find strange.

 

Most HA Complaints Process is a 2 Stage Process that's why I find the above very strange and how they have classed the Stages. You really need a copy of there Complaints Policy.

[stu007]

As for the HA Complaints Process and the Stages you have mentioned I do find strange.

 

Most HA Complaints Process is a 2 Stage Process that's why I find the above very strange and how they have classed the Stages. You really need a copy of there Complaints Policy.

 

I know I have previously ask and you said why you wouldn't but Name the Housing Association

[repressed]

I appreciate all the advice,

opinions and suggestions which forum members have been good enough to provide.

 

It's not necassary to say which HA it is, I've already revealed more than I would of liked to.

 

I've managed to achieve the result I wanted, without disclosing the HA name on this forum.

 

I've shared all the relevant details and other than apply to the LR, everything suggested by forum members I had already done.

 

keep asking, gives the impression that you believe I'm interpreting the HA polices wrong, which I'm not.

 

All I find strange by the HA complaint procedure, is the silly manner in which they've named the stages, rather than 1, 2 and 3 but the fact that there's a 3rd stage and, if you wish to continue to offer advice, then you'll just have to take my word for it.

 

My refusal to share the HA name shouldn't be held against me.

[renegadeimp]

You don't need to name them. The advice would be the same no matter who they were

[ericsbrother]

the 0,1,2 is how the original John Major customer charter numbered things in the leaflets scattered to the populace. Nice to see the 1980's havent been forgotten entirely. Does the HA have Kajagoogoo playing on the phone waiting?

[stu007]

Don't be daft you not naming the HA is entirely your decision and would never be held against you on CAG so please don't think that.

 

Wait and see how they actually respond in full to your Formal Complaint and hopefully provide all the policies you have asked for. (as I have previously said when you get these just take your time reading them and when doing so just think to yourself 'Did They Do That' and if not mark it and do it with them all. This lets you build evidence of what the didn't do as per there own policies.