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Apr, 2014

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Thread: is this legal?

  1. #11
    Join Date
    Jul 2012
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    425

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    Quote Originally Posted by laila View Post
    I am just curious if PM can take your car and crush it legally?
    They cannot damage the car, but technically they could arrange to have it towed away. Where to and at what cost, who knows?

    Police won't be interested unless the car is causing an obstruction, if untaxed report to DVLA, abandoned call the local council.

    This is another example of your PM going about things in a heavy handed way that obviously will rub people up the wrong way. But if the car is moved and the space free then job done.

  2. #12
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    Jul 2012
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    Quote Originally Posted by DNM2012 View Post
    but technically they could arrange to have it towed away. Where to and at what cost, who knows?
    Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.

  3. #13
    Join Date
    Feb 2011
    Posts
    135

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    Quote Originally Posted by DNM2012 View Post
    Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.
    Since Oct 2012, they can go through the statutory process for abandoned cars, which used not to be available as remedy on private land, but now is.

    But that is long winded, time consuming and potentially costly (especially if the owner responds to you with "no it's not abandoned, I've parked it there".

    It certainly isn't something that you can do by "tomorrow".

  4. #14
    Join Date
    Jun 2010
    Location
    Foundation trench for New Shed@ Ham on Rye
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    13,730

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    The owner or anyone with a contract for the space, can remove a car at any time, however they are open to a claim for damages physical and civil in doing so. As they cannot tow it away, leaving in another space or area may put them in breach of the lease.They certainly cannot destroy it or have the LA destroy it except where the right circumstances apply.

    http://www.arma.org.uk/doc/public/LA...ing-Issues.pdf

    If it ain't yours, don't park in it. If the space is your then subject to the terms on which you occupy or own the space consider erecting a simple post/barrier.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers. More ramblings atleaseholdpropertymanager.blogspot.com

  5. #15

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    Quote Originally Posted by DNM2012 View Post
    Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.
    This has fascinated me since it came in.

    What is stopping me parking on a random private drive in the London suburbs, and taking the Underground to the Centre, if I am willing to ignore the householder?

    In the case of the flat above, perhaps what the PM need to do is simply to drop the car on the nearest Double Yellow with their crane.

    ML
    Refer Mad Regulators to Arkell vs Pressdram.

  6. #16
    Join Date
    Jul 2012
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    425

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    Quote Originally Posted by midlandslandlord View Post

    What is stopping me parking on a random private drive in the London suburbs, and taking the Underground to the Centre, if I am willing to ignore the householder?
    Nothing!

    As long as the householder is a law abiding citizen, that checks the legal situation before acting.

    Of course you might park on the driveway of the local headcase, who interprets the law slightly differently!

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