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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I n a narrow cul de sac in which most residents are council

Resolved Question:

I n a narrow cul de sac in which most residents are council tenants a person renting a house parks four/five 4-wheel drives and at times a tractor. One of his vehicles has been in the allocated parking space of a privately owned housefor many months , possibly longer. Obligingly the pensioner , the owner of the house concerned, has parked behind this*****for several years.Yesterday first thing in the morning, for the first time that she remembers the man wanted to use the vehicle and rang her bell and demanded aggressively and looking with hatred in his eyes ( her expression) demanding that she move her f---(or other) car at once.She is disabled , took time to put on her shoes and moved her car. She is a gentle quiet lady and said very little. Later in the day she rang me up having been seriously distressed primarily by the hatred she saw in the man's eyes. She is always deeply unhappy about the behaviour of some of her neighbours but is tolerant as she knows requests for more neighbourly behaviour would bring revenge upon herself.
Parking and anti social behaviour has long been an issue in this road, although she walks with a stick very painfully she sometimes has to go out of her road to park in the village high street resulting in , for her, a 10 minute walk home.
For obvious reasons she does not wish to be named as a complainant and has endured a great deal saying nothing. I only know how bad it is from her desperation alone at home yesterday . She cannot afford to move. I am concerned for her health apart from the legalities.
What can she do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is the offending person a Council tenant as well please?

Customer:

No, one of 2-3 owners in the road. she has owned the house for approx. 25 years but lived away for a long period nursing parents. Returned 4 years ago.The house was empty in her absence

Customer:

Offending person is a council tenant, my friend is an owner

Alex Watts :

Has your friend reported the matter to the Council, as it is their tenant?

Customer:

No, the consequences, judging from this man's on going behaviour she would be 'punished' by him and possibly others. She is very frightened of provoking him.

Alex Watts :

Ok - so what does she want to achieve please?

Customer:

Her legitimate parking space or another which would always be free for her.

Alex Watts :

Ok - if she does not want to complain to the Council I assume she wont want to go to Court?

Customer:

No, also she would not be able to afford it, I shan't tell her I have paid for our caat! She would like the council to visit the street, check on the ownership and positioning of cars and issue instructions on parking according to allocation. She must not be seen to reporting the problem particularily as she is an owner.Are there not rules about the number of vehicles any one tenant has?

Alex Watts :

Ok - what she can do is this

Alex Watts :

Complain to the Council

Alex Watts :

A clause in the tenancy agreement will be not to cause annoyance to others

Alex Watts :

Clearly by parking in this way they are in breach. There are no specific rules, save that parking can not cause an obstruction

Alex Watts :

But this is a free option. She should do this - the Council wont tell the neighbour that she has complained.

Alex Watts :

Therefore she does not need to worry

Alex Watts :

But they can go, look at the parking and give verbal warnings about parking

Alex Watts :

If they continue the Council can seek possession proceedings or an injunction

Alex Watts :

But this is the best and free option

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thankyou, you have told us what the procedure shoud be, which is what we need to know. A very helpful system thanks.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

I will rate excellent but am currently trying to forward the chat. When I copied it I didn;'t get the whole thing! Are you able to send our exchanges in an email?Don't want to lose it by ending and rating!

Alex Watts :

When you rate you dont lose it. The format changes that's all

Alex Watts :

You can come back to it at any time or even copy and paste it

Customer:

Thanks, ***** ***** I'm much older than the lady in question and not fully competent! Thanks again

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