We (leaseholders like myself and tenants of leaseholders and the council management agents, in a(n ex?) council estate, majority tenants over leaseholders) live in, what is, I believe a private estate. I want to know, fist, if it is private and/or what defines private over public. It isn’t completely blocked off, though it has been in the past and there is no need for anyone to enter/pass through, other than to visit. The whole estate AND road is privately owned and maintained by the council via its management agent (Land registry AND the council legal team and highways all conform t his btw) and we pay leasehold charges/ground rent for the privilege of being here to do major repairs, cleaning, repairs etc. That’s why I think it is private.
We are getting a lot of problems with outsiders residing, doing ASB, illegal things, intimidating, litter, ball games, drug use, fixing their cars/scooters, blocking anyone from entering the car park, driving or parking or speeding the wrong way round the estate, noise and the like. This is all verified by HD footage and agreed by the management agents and police at meetings.
There are further dangers too, such as BBQs in the car park, next to vans used by these outsiders (with no tax or insurance) often filled with illegal (allegedly, but the police believe so) fuel which they use to refuel other vehicles with a big funnel filter to extract debris.
The key problem is focused on a very small number of individuals and their associates and nothing seems to be getting done or answers to get anything done. Video evidence is 24/7 and ongoing and very clear.
The management agent things he has no powers to stop anyone from using the estate, especially as there are multiple occupants and the outsiders can claim to know some residents, (though video shows they never bother to visit). We don’t want to stop the postman and nice folk, just this group. It is going to be very expensive to build fences and the like to physically prevent folk, so a civil trespass plus injunction is going to sort it for a few months whilst we look further at it.
Many signs have been removed, like PRIVATE, some NO BALL GAMES signs etc. It would help, I think if these were replaced ASAP to help a case, but verbal warning should be enough, but the agent is reluctant to even do this and thinks the whole situation is too complicated.
Whilst my main gripe is with the managing agent (working on contract for the council) there is so much that the police can do, given the evidence. Aggravated trespass for a start and with a(n expected) refusal or reluctance to move, confiscate the vehicles. The group have been physically aggressive/threatening towards police and agents and residents before, even recently. The main protagonist has very recently been raided for drugs and had his own vehicle smashed in a revenge attack, so the dangers are real, if unknown to the residents regarding the unknown aspects of gang/drug issues already revealed.
The estate is very small (3 small flat blocks with 40 individual flats in total between them.
I think that they are all not really thinking outside the box, are apathetic or not putting all of the evidence together, because if they did, I feel there would be amply reason to do more and get a solid, multi-case outcome. The main protagonist, with a criminal record, is in the same managing agent social housing outside just outside of this estate and it is used as it is just out of sight of the main road.
Any recommendations/advice/additions or things I can share with the agent/police? I’ve seen the section 50/60’s trespass laws, but if used, how best to implement? Police don’t think it would work, but it is very straightforward I thought.
I am tempted to go higher than the inspector and into the council or even to the press as the suffering is almost constant at times and everyone is just watching and scratching their heads. Surely we can’t allow it?
Whilst many individual issues (like using untaxed, un-owned, uninsured vehicles is totally unacceptable if an accident occurs and there’s no payout, I am not here to just get the police an arrest. I want more permanent action.
We are looking at getting parking permits and blocking off the back gate, but in the meantime, we want to deal with this small group, who may argue that they are mates of residents which might raise additional issues or require evidence to be shared if going to court.