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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My road is a public highway and has no parking regulations.

Customer Question

My road is a public highway and has no parking regulations. For the past year a man who lives in a nearby road has been parking his Hired Ford Transit Long Wheelbase van on the road by my garden. The van is used only as a warehouse and does not move for weeks at a time apart from renewal of hire and collecting machine parts for storage in the parked van. Each day the man comes in his car and transfers his daily requirement of machine parts from the van to his car for taking to construction sites where he works as a freelance engineer. The unladen weight of this van is in excess of 1.88 tonnes and therefore, (I believe), comes under a VOSA commercial use classification. It is legal in UK for a van to be parked as an on-road "warehouse" like this? The presence of his van has attracted other vans to park, and now we have a row of trade vehicles parking most nights in what was, for many years, a quiet, green and idyllic road in which to live.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you complained to the council please?
Customer:

Thank you.

Customer:

Yes I brought the matter to the attention of a local Councillor and he was of the opinion that since the offender is using a street-legal hire van, albeit that it is moved only very occasionally, and there are no parking restrictions on this quiet road, no action can be taken.

Alex Watts : Have you complained direct to the council itself please?
Customer:

I understood that the Councillor had taken advice within the Council prior to his verbal reply.

Customer:

On reflection, perhaps a direct formal written complaint to my local Council would have been the way forward. However I don't really want the council to put general parking restrictions on the 100 metres of road in question because this road is a valuable occasional parking amenity for visitors to my and my immediate neighbours houses. It just seems to me that parking a large van that is not moved for 4 weeks or so at a time, (and repeatedly parked now for over twelve months), and used merely for storage of, and for daily static dispensing of, industrial parts, is unreasonable, and should not take place on a road in a totally domestic area.

Alex Watts : Yes.
Alex Watts : You should formally write to the chief officer and set out your complaint. That office will investigate what you have to say.
Alex Watts : If they do not uphold it then you can complain to the ombudsman.
Alex Watts : They can investigate your complaint for free. They are independent and can consider what you have to say.
Alex Watts : Their website is www.lgo.org.uk
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your reply

Customer:

I'm Sorry that there was a delay in my response: I was away from home. I shall follow your sensible suggestions and contact in writing, the chief officer of the council.

Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

I am pleased with your speed of response and your sensible suggestion that I should raise the matter with the chief officer of the council. I cannot comment further until I have gone through the process with the council. Hopefully, that process will resolve the matter.


Regards,


Royston Dawber

Expert:  Ash replied 3 years ago.
Sure. Good luck.