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  1. I visit many residents in a residential home for the elderly folk. The residence is " advertised as Sheltered accomodation and Retirment homes for the elderly" However the residents have now aquired a new person who is 59 and is working full time. He goes out to work at 5 30 am in the morning and is bacjkaround 9 30pm. His works van is parked directly outside some of the residents flat windows and is restricting their views of peacful gardens. Many residents cannot go outside and this is all they have to look at. Also many residents a woken at 5 30 in the morning by the slamming of car doors when he puts his tools in. Some residents have gone to the extrem by drawing their curtains as they do not want to look at the advertising on this van and they cannot see any thing else but this van. Question One ) the works van is being parked on a private entrance to the home. Can he do this? Question 2) Surley as ths is a residential home for the retired he should not have been allowed to live here. (He is not retired and certainly does no need sheltered accomodation) If anyone con help with the legal side of this problem and you are able to help these elderly folk with this promblem you would be advise a s a p as they are in dispare. Many thanks
  2. Hi guys this is my first post so hopefully im in the correct forum! My land lord came round sunday afternoon for a routine inspection. He noticed that one of the bathroom floor tiles is cracked. I agreed that it needs replacing but instead of replacing the one tile (which im sure would be almost impossible to find the correct match) he suggested i take all the tiles up and replace the entire bathroom floor with lino that he would choose and i foot the bill! this seems extremely over the top and far too expensive for me to pay for. I was wondering if this would be general wear and tear? any help or advise will be appreciated. thanks in advance.
  3. A friend of mine was parked up whilst on his mobile as he didn't have his blue tooth, a private clamper put a parking ticket on his car, didn't ask him to move, my friend reacted by getting out and asking him what he was doing but was ignored. He then continued with his phone call as it was important, the clamper then tried to box him in with his van, so he could put a clamp on. The clamper left enough room so he could squeeze out, he felt angry and threaten. I was informed that the parking ticket was invalid as it wasn't issued by the local council or Police, by then my friend had sent his details off as indicated in the ticket. He was then issued with a fine he had to pay by a certain date or it would increased. Once again I was informed 'Tell him to ignore it', which he did. He then received a court summons from Northampton Court stating the private clamping company were intending to take him to court unless he paid £125, if he contested it, he has to pay £25 to the court if he wishes to do so. I need urgent advice on this as he is naturally stressed, and I feel bad as I told him to ignore it on the advice from someone on CAG.
  4. I wanted to ask a simple question. I moved in to a bed sit just over a year ago now its not that bad but the land lord seems more interested in money than he does on keeping up repairs ect. Now when i moved in to the place i was told by the landlord that one of the last tenents had blown up the boiler and he was not going to replace it instead he put in an electric water heater in to the room i have but i have nothing in the kitchen of hot water so all washing up ect i have to boil a kettle each time i need to wash up, like wish in the bathroom he put in a electrics shower but no hot water for a bath or to wash in the sink. I was wondering if he was allowed to do this ? as well as things like the window frame rotting as its an old wood one he treated it with wood rot ect but i still have a draft coming though from it as he is not bothered to sort it out. Then there is the problem of damp in the walls cos he has not bothered to damp prof the wall outside at all though my main concern is the hot water Thanks in advance also ive been here for a year no children ect and its a short term teneny agrement
  5. My car a few months ago failed its MOT. Until I could decide what to do with it (initially I was looking to rent a garage or lock-up so that I could take it apart and then learn how to do the necessary repairs myself) I parked the car on a private car park, owned by a private individual and leased to the local council in connection with a small council office building, 50 yards away from my home. I let the insurance expire and made a SORN notification to DVLA. There are more spaces in this car park than are ever used, and there is no doubt that it is not a public car park, but a private one. The only notice up is "Private Car Park", with no tow-away or clamping warning signs. As I am in dispute with the owner of the land over a planning application he is making which will impact on my property, I rather cheekily did not seek anyone's permission to park there. Now the council have asked the police to intervene, and they came calling. I have explained to the police what the score was, and that eventually I would get it moved, but the police officers stated that if I did not, then they would tow it away and charge me. I expressed my certainty that they did not have the power to tow the car away as this was strictly a civil matter, and with all due respect, nothing to do with them. They confirmed that data protection issues meant that they had not passed my details onto the council, but that if they did not have the power themselves, they would do so on behalf of the council. I again expressed my scepticism as to this claim, but left it that I would speak to the council, and eventually get the car moved. Does anyone have any idea if the police do indeed have the power to tow away and charge me? The police accepted that the vehicle was not abandoned, and it was not in any way a danger to the public, even if it does look somewhat scruffy in the bodywork department. I am in Scotland.
  6. Hello All, Any quick advice would be hugely appreciated as this is currently on going. Last oct i got a ticket for parking on a yellow line after 7pm (thought all councils were the same). The ticket was paid for but because it was late by one day they tried charging another £60 which i refused. Today i was in a car park opperated by euro car parks and it was clamped. they reckon i owe £500. What are my options please??? thanks in advance
  7. Written by Martin Cutts, of the Plain Language Commission, who was recently featured on BBC Watchdog when he won a court case against Excel, with additional research by Nev Metson: Parking firms whose income depends on unclear signs and payment demands are being supported by the Driver and Vehicle Licensing Agency (DVLA) through a little-known agreement with the British Parking Association (BPA). It’s led to about four million drivers being pursued for charges that many of them mistakenly think are real parking fines. In the current year alone, BPA-member firms are chasing drivers for these phoney (ie, not official) fines worth £160million using names and addresses they’ve got from the DVLA, a government agency that’s making £5million from the deal. http://s3-eu-west-1.amazonaws.com/pl...y2012AsPub.pdf Also a speech given by Martin Cutts at the Parking Review Enforcement Summit 2012. There were a number of guest speakers, including Patrick Troy of the BPA, the new BPA Head with her "Masterplan", and representatives from APCOA, Parking Eye and other PPCs. He was asked to provide an advance copy of the speech, but refused. After he spoke and sat down, you could have heard a pin drop, apparently. This is the speech: http://s3-eu-west-1.amazonaws.com/pl...ly2012copy.pdf
  8. Hi Guys, In May 2012 I saw an advert for a kit car in an online classified website which caught my eye. The car was advertised as being off the road on SORN (no tax or mot) for 2 years but kept in good working order, been recently serviced (DIY) and it just needed 3 things to pass an MOT. I called the seller to enquire further and made him aware that I am quite far away and can't come to view the car so he will have to tell me the history of the car and I will be relying on what he tells me to make any decisions as well as requiring further photographs of it. He said thats absolutely fine and we went over the history of the car and why it has been off the road for 2 years and his reasons for selling it. Everything in our correspondence sounded legit and reasonable. The facts about the car as he presented them; Car was built in 2000 and had been MOT'd upto 2009 when it was taken off the road to do some modifications. then he started a family and the modifications were started but not finished and now he doesn't have time for it. It has been looked after while off the road and various bits of maintenance have been done as well as the engine being started regularly and warmed up. He stated 3 specific things which needed to be done for the car to be ready for an MOT test all relatively minor. He stated he is an engineer and its been excellently looked after - I believed him. I decided to buy the car and organise it to be picked up and delivered to me. I telephoned him and stated that I am happy to offer him the asking price on the basis of everything he has told me and his answers to all my questions. I paid him a deposit while I organised for the car to be picked up and delivered to me. I then paid the balance the night before the car was due to be transported and the seller stated he would hand all documentation for the car and some spares to the transporter driver to give to me. When I got the car; 1. There were only 2 MOT certificates from 2000 & 2001 - I was told it was MOT'd upto and including 2009. 2. The 3 things which I was told are required for the MOT seemed as discussed. 3. On trying to start the car the battery was flat. 4. On trying to start the car with a fully charged battery it wouldn't. Further investigation revealed the fuel tank was bone dry and disconnected. The fuel line from the petrol tank to the main fuel supply line was missing. 5. The car has no horn fitted which is an MOT requirement. So that means there are 4 things required for the MOT. 6. Once I got the car started I found the water pump dribbles water (is on its way out) and water overflows from the radiator. 7. The fuel lines in the engine bay which connect the carburettors leak and dribble fuel which is unsafe and an MOT failure making the number of MOT points 5. 8. I cannot engage reverse gear. I contacted the seller; 1. Asking about the MOT's for 2002-2009 He said he thought there were all together and it must be the wife has filed them with the old registration document and if he finds time he will have a look for them. 2. Empty Petrol tank; He said he drained the petrol out prior to it being collected as he didn't know how long it would be standing for and all I need to do is reconnect the fuel line to the tank and fill it up. Following that email I sent him another stating I can't start the car and that the horn doesn't work and that I phoned VOSA and they stated they have no record of any MOT for this car since 2005 - when MOT's were computerised. After that email he stopped responding to me and doesn't answer the phone or respond to voicemails for 2 weeks I have been phoning him. My Issues are; 1. MOT history has been lied about. VOSA have no computer records of an MOT since 2005 where he told me the car passed MOT's upto 2009. 2. I still fail to see any reasoning why someone would drain the petrol out of the fuel tank. With the missing fuel tank connection it seems to me that this car has not been started for some time or he did not want me to be able to start the car straight away. Especially as the battery is also dead it contradicts his statement he started the car prior to it being collected. I haven't had his feedback on the points below as he is now ignoring me; 3. The leaking water pump & radiator is also a lie or cover up. If he had been starting the car regularly as he claimed then he would have known about the leaks. So he lied it had no leaks when I asked him. 4. The leaking engine bay fuel lines are another possible trigger why it was drained of fuel. 5. The missing horn & leaking fuel lines makes the number of MOT issues 5 not 3 as I was told. 6. I haven't yet investigated the reverse gear problem. Also the fact he has started ignoring me doesn't look good. So my problem is; 1. With how the car has turned out - I would not have offered him the asking amount - especially if the car hasn't bee MOT'd since 2002 and sitting in a garage for 9 years instead of the 2 years he told me. 2. I will have to spend an additional £150-£200 to rectify the issues I know about. If the gearbox turns out to be faulty and needs rebuilding/replacement that will be another £200-£300. In my last voicemail I did mention he has misrepresented the car to me and I will be taking the matter further. What are my 'realistic' available options now? Thanks.
  9. I'm hoping that this is the correct forum, apologies if it is not! My wife works as a carer using her own vehicle to visit her employer's clients in their own homes - for this she is paid .35p per mile (the remaining.10p per mile is claimed via MAR) this is the current allowance and that is fair and well. The part that I disagree with is that my wife's employers state that "you may be paid a mileage allowance, if and when applicable, if you are required to work outside a two mile radius of the offices town whilst visiting clients on business", bearing in mind that approximately 60% of her calls are within the town and 40% are outside of the 'two mile radius' I think this is unjust and certainly unfair. I appreciate that she cannot claim the travel from home to her first client or to the office and likewise for her return home journey but I feel she is being taken for a fool and is forced not to be able to claim for business travel she is entitled to. Does anyone have a legal take on this (if there in fact is one)?
  10. can anybody help? we live in a development of 50+ properties in Scotland. Every flat has an allocated space that is part of their freehold and the deeds state that no commercial vehicles can be parked there. This burden is being ignored by absent owners, tenants and letting agents alike, I know that this is not legal but can anyone offer advice about how we go about enforcing the deeds? Thanks
  11. I have recently started a new job and found that I could park in the short 'dead-end' lane on the side of the building. This is in glasgow. A colleague has been parking in the lane for years and has had a few parking tickets. However, she has a lawyer and is refusing to pay the fines. This is because, although there are double yellow lines, it is a lane owned by the railway and not the council. The council, or anyone, do not maintain this lane. It is possibly about 150 years old and is cobblestoned so would probably cost a fortune to maintain. I have spoken to several traffic wardens when they walk down the lane to inspect our cars. One told me he was told not to touch the lane as it was private. Another said he would not give us a ticket ever but to be careful. Another one told me to move the car as she would give me a ticket for potentially obstructing fire engines!! I can think of a thousand streets where fire engines can not drive down as they are too narrow etc so I dont see why this is an issue in this case. I have checked the law on obstruction and I believe that the only way you can be ticketed for causing an obstruction is if it is a through road onto another highway. Meanwhile, a cafe owner next to our workplace decided to get himself a pot of white paint and paint parking bays for two cars which cover the yellow lines. The concerned fire hazard traffic warden told me this was being investigated and they were in trouble for painting the lines. However, she was unable to give them a parking ticket because she couldnt see the yellow lines. So I said I would paint white the yellow lines where I park and she said this wasnt a good idea. I dont know if the road is adopted or has a TRO on it but I will ring the council tomorrow to check this. Anyone any suggestions about why there is such confusion in this dead end lane!
  12. We own and run a small business centre and need some initial advice regarding who is liable for £600 of damage caused to a Tenant's customer's car last week. The damage occurred when an un-secured entrance gate was blown into the customer's car. We have a disclaiming notice in the car park, and all the tenants are advised to secure the gate. None of the tenants are admitting opening the gate on that morning but we are waiting for cctv from a nearby business which could identify the tenant opening and not securing the gate. The owner of the damaged car has written to us asking for our insurance details but we have not yet replied. In his letter he mentions that he saw the gate 'moving in the wind' yet he still entered the site. Also, no one witnessed the incident, although there is damage to the gate which will need attention as it is now difficult to lock-could we make a counter claim? And if so, against the car driver or the tenant? If we identify who didn't secure the gate, are they liable or ourselves as owners?
  13. Hi All, Does anybody think the above bill will be of benefit to the private parking robbers?
  14. Afternoon,This website has been very useful to me in the past so here it goes.Just moved from place A to place B. I was paying rent for 6 months to a tenant who I lived with and soon reliased the contract i signed was not a contract but a sub contract he created and the real house! contract was in his name and giving himself a favourable rent cost (thats not the issue). What is this issue is we have now moved and this person has still got our money as he was no where to be seen the last few days.He now wants to meet up to discuss the deposit. He refuses to state the amount or give a breakdown ... meaning he has a different amount than what we have in mind LESS. What can I do to protect the money......Can I in any way. I have the receipt of the original deposit.Thanks.
  15. Hi, I'm new to the forums here, I was wondering if I could request some advice. I will try to be as concise as possible. I'm a private fixed term tenant in Northern Ireland, the sole rent paying tenant 4 months into a 12 month agreement. For the last few weeks my younger bother has been staying at the apartment as I have a spare room. I noticed a few days ago a damp patch on a wall in the living room which backs onto a shower cubical. Upon inspection I noticed that the grouting was missing/cracked in places, and one tile had begun to crack. I reported this to the landlords agent who in turn reported to him. I then received multiple calls from the agents requesting access in my absence. I did not wish to grant access to the apartment unsupervised but the agents stated that the landlord was insisting. A short time later, I was contacted and told that I would be liable to pay for repairs of £70-80 + an unspecified amount to repaint. I took an evening to consider this, then contacted the agent, stating that I did not feel I was liable and to try to arrange a meeting with the landlord to discuss the issue. A few minutes later I received a somewhat aggressive call from the landlord demanding that I leave the property as I had "destroyed the apartment" and that he would not discuss the matter with me in person as we would "fall out". He is claiming that my questioning my liability and the fact that my brother has been staying in the apartment constitutes breach of contract and that I shall be evicted for it. I was given a verbal 1 month period to vacate the premises. I'm very uncertain as to how I may or can proceed from here. I would be very grateful for any advise. Thanks.
  16. My boyfriend and I parked today in his taxi using my blue badge, we returned after 30 mins to a parking ticket stating we have gone over the allocated amount of time allowed, we were only gone 30 mins. There is a sign saying disabled are not exempt from parking on yellow lines, which although was close to the car, i didn't see it before parking, they want £60 within 7 days or it goes up to £100, where do I stand please. thanks
  17. This follows a lengthly investigation by the OFT into the motor insurance market. http://www.oft.gov.uk/news-and-updates/press/2012/44-12
  18. Is this an offence, friend was turning in a private car park, bumped into parked car, no real damage as only doing few mph, now been tyold it should have been reported to the police, and an offence of driving without due care and failing to report an accident, is this right as they thought it was so minor there was no need?
  19. I inherited my mothers car when she died in 2008, the only reason I kept it is because my partner is a fan of Volkswagens and wanted to use it for spare parts. It has been parked outside our home since then in a private road. This year I forgot to do a SORN, I didn't avoid it deliberately, why would I it doesn't cost anything. I didn't receive a reminder but apparently they don't have to send you one. Anyway in due course clampers arrived and as an incredibly law abiding person I paid up and they removed the clamp. The clampers left with a cheery wave and you'll be OK for another year now then. Then I got a letter from DVLA saying that it was parked on public road and asking for confirmation that I am keeper of the vehicle. I duly filled in the form and also added that I have confirmed woth the local highways dept that this is a private road. Ieven gave the name and email of the very helpful guy I spoke to. Now I have had a letter talking about my reply to their offer of an out of court settlement (that's the first mention I have seen of that) they go on to say that an amendment in 2008 removed the reference to public road, and saying enforcement action can e taken unless it is on land associated with a house or block of flats, eg private driveway, garages, private parking bays. Housing association parking bays etc. This seems to imply that even though our road is private I can't park it here. Then they go on to say I have to provide proof that it is not on the public highway, which I can do as the nice guy in the highways dept said he would happily send me something in writing. However are they just going to turn round and say it makes no difference if the road is private or not? I really wish our road wasn't private as due to a fault in the leases it isn't clear who is liable for maintaining it and it has basically been untouched since the 1930s! So have I inadvertently broken the law by leaving it on our private road or not? This is stressing me out, I don't even drive!!!
  20. Hi all, I recently received a parking ticket from UKCPS. I was parked in a private car park, however it was around 9.30 at night with nobody else around ! The ticket was £60 in a certain time or £100 in 2 weeks. I havn't paid and now recieved a letter threatening court action if not paid within 10 days, where do I stand on this ? Thanks !
  21. The date on which sewers and lateral drains in private ownership in England and Wales will automatically transfer to the sewerage companies is fast approaching. There is an appeals process. Under the legislation, appeals can be made if the appellant is: an owner of the sewer or lateral drain; or affected by the proposal of, or failure to propose, transfer of a sewer or lateral drain. Ofwat is seeking views on a number of questions, including whether: the information provided about who can appeal, how they can appeal, and the timescales for appeal is clear the information provided about the grounds for appeal is clear the information provided about how appeals will be considered is clear the process to be followed is sufficiently and clearly set out The supplementary scheme will include sewers, lateral drains connected on or after 1 July 2011 and before provisions for new built sewers under section 42 of the Flood and Water Management Act 2010 are implemented. Lex
  22. Private Rented Housing (Scotland) Bill The bill aims to improve standards of service for tenants in private rented housing. It will change the landlord registration system, change HMO licensing and give local authorities more powers to address overcrowding. Landlords will also have to provide a compulsory pre-tenancy information pack for tenants http://www.scottish.parliament.uk/s3/bills/54-prHousing/b54s3-introd.pdf http://www.scottish.parliament.uk/s3/committees/lgc/inquiries/PrivateHousing/index.htm Lex
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