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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in a small Close. There are 8 properties with the Close

Customer Question

I live in a small Close.
There are 8 properties with the Close as there residential address , we all park our cars on our drives
There are 2 properties which back onto the Close but there residential address is in an adjoining Avenue.
They park up to 9 /10 cars in the Close , maximum 1 in a garage and 2 on there drives , the remainder are parked 75% on pavements and 25% extending onto the road.
They park across a neighbours driveway to a rear parking area.
The available space for pedestrians to pass alongside the cars is approx. 700mm
The distance from the kerb at our drive to the parked cars is approx. 3.8metres.
We cannot drive on or off our drive , nor my neighbour , without great difficulty.
At present , there drives are empty but there are 4 cars parked on pavements opposite Close prooerties.
Can you offer advice please.
***** *****all.
2 Manion Close
L31 4AD
0151(###) ###-####
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello George my name is ***** ***** I will help you.
I assume the Council owns the road in that part, ie its adopted?
Customer: replied 1 year ago.

Alex.

Yes , the Council do own the road and it is adopted.

I have just witnessed my daughter having to reverse out of our drive the wrong way so she did not hit the car that is parked opposite , she then had to drive into the Close and do a 3 point turn to get into the correct position to drive out of the Close.

I have taken photographs of the above and I have numerous other photographs showing there blatant disregard for both residents of the Close , one who has a disability car , the integrity of the kerbs/pavements and the easy passage of service vehicles ie. bin lorries , delivery lorries/vans etc.

Customer: replied 1 year ago.

Alex.

My Council is Sefton MBC.

Regards.

George

Expert:  Ash replied 1 year ago.
Have you reported this to the Council?
Customer: replied 1 year ago.

Not yet , I have just got the telephone number..

There was a letter in our Liverpool Echo recently stating.

PARKING RULES.

1. If you have a driveway you should be able to park your car there , without being blocked in.

2. If you have a driveway and do not use it you cannot claim part of the roadas yours unless it is marked as a disabled space.

3. You cannot claim rights to spaces near your home if you have three or foue vehicles.

4. You cannot claim spaces if they are commercial vehicles and you run a business from home.

5.Be thankful that you are not disabled and do not have to consider the above..

Can you comment on this from a legal point of view please

As previously stated , the families who carry out this blatant parking have no residential address in the Close.

Regards.

George

Customer: replied 1 year ago.

I have had the Council on , a Mr Ronnie Stafford.

He said it is not a Council problem.

Can you advise me whether this is correct or not?

I will awaitb your advice.

Regards.

George

Expert:  Ash replied 1 year ago.
Why do the council says it's not their problem?
Customer: replied 1 year ago.

Although I have said they park on the pavements possibly affecting the integrity of the kerbstones , service strip and services below , they block neighbours double gates , they restrict access to and from my drive , they park on the pavements even though there drives are empty and they restrict easy access for service vehicles they say it is a (police matter) and not a Council matter.

I have sent Ron Stafford (Sefton MBC) 3 Emails enclosing 11 of the numerous photographs that I have taken and requested that he provide the Councils comments and "parking guidelines for residential roads"..

Is it possible that I can send theese Emails to you showing the conditions opposite and around my house.

Regards.

George

Expert:  Ash replied 1 year ago.
The Council owns the road and pavement?
Customer: replied 1 year ago.

Yes , the Council owns the road and pavement.

Do you want to see the Emails that I have sent to the Council with accompanying photographs?

Expert:  Ash replied 1 year ago.
No that is ok for the moment. On what basis do the Council say its nothing to do wtih them? What is their 'reason'?
Customer: replied 1 year ago.

I am waiting for there written response to the 3 Emails I sent them yesterday.

Ron Stafford said that because they have a "green area" in front of there houses at the front they are unable to park there cars close to there houses.

I advised them that they have a long section of Manion Avenue where they park there cars but do not choose to do so.

There is probably a 30 metre walk from the kerb on Manion Aveny=ue to there front doors.

They do not use there front doors at all.

All there "comings and goings" are via there rear doors and both pedestrian traffic and vehicular traffic traverse Manion Close in front of Nos. 1 and 2 Manion Close.

I have a plan upon which I can indicate our houses and there houses and where they can park on Manion Avenue and where they do park on Manion Close.

Regards.

***** *****all

Expert:  Ash replied 1 year ago.
Thanks George. If you dont get a suitable reply back then you should write and complain to the Chief Officer, they have overall control of the council and can consider this complaint. That office will investigate the complaint and report back to you.
If you are still not happy then you could complain to the Local Government Ombudsman. They are independent and can consider your complaint for free at: www.lgo.org.uk
Finally you can take the offenders to Court by seeking an injunction to stop them parking there. Clearly there is a cost so you should try the Chief Officer and Ombudsman first.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Alex.

I note what you say 09.57 , 25th July.

What kind of comments do you consider I should be getting back from the Council? , what should the Council be doing with regard to the parking.?

On what basis could I complain to (a) the Chief Officer , (b) the Ombudsman and (c) what would form the basis of an injunction.

I do not think you have given me any "legal comment" on this situation , you have merely asked me several questions re. "have I informed the Council" etc.

I am no clearer on my position.

Regards.

***** *****all

Expert:  Ash replied 1 year ago.
The council own the land. Therefore if there is a parking issue, the Council should deal with it.
You can go to Court yourself as this is a 'statutory nuisance' and as such is actionable in common law. Clearly there is a cost to that which is why I have suggested going to the Council and then Ombudsman.
Your legal position is that it is a nuisance and invite the Council to deal with it, as it is their land.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

The comment I have had back from Ron Stafford at the Council is as follows.

I thank you for the photographs , however , I am unable ( the ) carry out any enforcement action to remove the (both) cars opposite your property.

Words in brackets are his grammatical mistakes.

I will seek the name and Email address of the CVhief Officer at Sefton MBC.

Regards.

George

Expert:  Ash replied 1 year ago.
George - please let me know how you get on.
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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