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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience:  Over 5 years in practice
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I HAVE A VEICHLE REPAIR YARD NEAR MY PROPERTY AND THEY OFTEN

Customer Question

I HAVE A VEICHLE REPAIR YARD NEAR MY PROPERTY AND THEY OFTEN REPAIR VEICHLES AT THE ROAD SIDE AND LEAVE VEICHLES PARKED FOR MONTHS AT A TIME ON THE ROAD MAKING A PROBLEM FOR RESSIDENTS TO PARK, THEY ALSO HAVE BRAKE DOWN VEICHLES ARRIVING AT ALL TIMES THROUGH THE NIGHT. IS THERE ANTHING THAT CAN BE DONE
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do they have planning permission to operate this business?

Have you reported this to the highways Department of the local authority?

Are the vehicles taxed tested and insured which are on the road?

How long has the business operated for and when did you move into the property?

How many other people are affected in the same way as you are?
Customer: replied 2 years ago.

UNKOWN ON PLANNIIG PERMISSION
NOT REPORTEDTO HIGHWAYS DEPT.


SOME ARE UNTAXED I HAVE INFORMED DVLA


A NUMBER OF YEARS. I HAVE LIVED HERE 41 YEARS


A LOT OF PEOPLE 30 PLUS

Expert:  Jo C. replied 2 years ago.
Have the people who are affected by this lived in their properties before the business was started or after?
Customer: replied 2 years ago.
S
Some befor some after
Expert:  Jo C. replied 2 years ago.
Thanks.

I would refer the whole issue initially to the highways Department at the local authority and police
I would take photographs of the untaxed vehicles and write to DVLA with copies of the photographs with dates on.

I would call the police to report the untaxed vehicles to them also.

With regard to the parking of taxed tested and insured vehicles, there is nothing you can do about that in all probability but what you do have against the overall situation and the comings and goings at all hours of the night is a claim for abatement of the comings and goings and the noise, in common-law nuisance.

If 30 of you are affected it is better if 30 of you write to the DVLA and speak to the police and the highways department but preferably put everything in writing.

With regard to any claim for common-law nuisance, the only people who can bring a claim for common-law nuisance are those who lived in their properties before the garage started. The reason is that the later people are deemed to come to the nuisance whereas the people who've lived there longer, the nuisance is deemed to come to them.

The only time nuisance is actionable is if the nuisance comes to you and not if you move to the nuisance.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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Expert:  Jo C. replied 2 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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