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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We have a detached house with 2 private owed parking space

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We have a detached house with 2 private owed parking space purchased by previous property owner. All the other parking spaces are council owned. We have a solicitor letter confirming this as well as the land register paper showing the 2 parking spaces belonging to our house. Across from us there is a man who as disputed this and parked his car on our space. We have showed him the solicitor letter but he will not believe it saying that there is a covenant for which we have no knowledge. In the last 4 months he has dumped in one of our parking space a car and he is refusing to move it after having posted through his letter box copies of our solicitor letter confirming the spaces are ours. He his not responding even after we went to the police and them telling him about the spaces. His answer was if they can prove the ownership I will move the car. He has not done anything about it. Please what can we do.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I confirm that you have shown him your land registry title record which shows on the plan the two spaces you refer to please? If so does he not accept that as proof of ownership?
  2. Were the police willing to get involved?
  3. Is it a car he has left in the space?
Customer: replied 2 years ago.

Yes land registry title together with solicitor letter confirming ownership of 2 parking spaces.

only to speak to him Regarding the situation As it is a private matter. His answer to them was that we have to prove ownership which we did but he ignores the documents saying that his solicitor said there is a covenant which we have no knowledge

yes an abondon car with no tax disk belonging to him. Police confirmed this.

Expert:  Joshua replied 2 years ago.
Thank you. Finally are the police willing to assist any more?
Customer: replied 2 years ago.

No

Expert:  Joshua replied 2 years ago.
Many thanks. I am just typing my full response now...
Expert:  Joshua replied 2 years ago.
Many thanks. There are two principle ways to deal with this matter if the police are unwilling to assist further which does not surprise me.The first is by enlisting the assistance of the council. If you have requested that the vehicle is removed from your private property and he is refusing to do so you may consider a report to the council that the vehicle has been abandonned on your private property. The council have powers to remove abandoned cehicles under the Refuse Disposal (Amenity) Act 1978 after giving either 24 hours notice if the car is a wreck of after 7 days notice if the car has value. If you can show that the land is yours and the land registry title record and plan is conclusive evidence of this, the council can act under the above legislation.The alternative is to take action yourself. There are two ways you could do so:1) The first under a piece of legislation called The Torts (Interference With Goods) Act which provides that where goods are left on your land you can give 28 days notice to the owner before removing or disposing of them. If no money is owed to you then the Act requires you to serve 28 days notice upon the person at his last known address under the above Act of your intention to sell or dispose of the vehicle if it is not collected within28 days. You may therefore consider writing to the individual advising that you are serving them with 28 days notice under the Torts (Interference with Goods) Act that unless the car is removed from your property by [date] you will dispose of or sell the car. It does not need to be sent recorded but proof of posting should be retained and keep a signed copy of the notice on your file. You may also refer in your letter to reserving a right to claim storage fees based on a market value for rental of the parking space. If the date passes and he has still not collected then you can sell or dispose of the car and retain proceeds in order to cover and storage fees you consider reasonable.2) The alternative is to apply for an injunction ordering him to remove the vehicle and not to enter onto your land again or leave any possessions on your land or so as to block access and egress to and from your land. If you prefer this approach you must again start by serving a formal notice giving him say 10 days notice to remove the car or you reserve your right to apply for an order to remove the car and an injunction to prevent future obstruction or entering onto your land as well as costs of the application. You can apply for an injunction using form N16A. There is a fee of £155 to make the application which you can apply to recover from the neighbour if you can show you have given him opportunity to remove the car voluntarily by notice before issuing.This is the form you need to make an application for an injunction.http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402Ignoring an injunction is treated as contempt of court and can result in custody.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very gratefulRead more: http://www.justanswer.com/archives/expert-search-solr.aspx?q=n16a&c=&e=josh-2010&cu=&s=&sd=&ed=&rpt=2020#ixzz3bM9SaRno
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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