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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a nuisance vehicle (not abandoned) - but badly parked on private land so that the e

Customer Question

I have a nuisance vehicle (not abandoned) - but badly parked on private land so that the entrance is obstructed for other users of the gateway. The owner refuses to move the vehicle. What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
I agreed in December 2014 to a licence to store equipment on my field, for a weekly rent. The other party added a large vehicle (ex-army heavy truck and trailer) and after three months I said he had to go. He said he would remove the goods "as soon as he could". I insisted it all had to go by June 2015. He pleaded nowhere to go but he would do it as soon as possible. I told him the charge would be £25 per week. We are now more than one year later, and he has paid no rent, says there is no agreement to pay rent after I ended the first agreement. I have asked him to pay the rent owed, and I have offered to take some of his goods in lieu of the rent. He insists that no rent is due for the last year. I have removed some of his goods to hold against the non-payment of rent. Two days ago he moved his truck up to the gateway entrance so no-one else can have access to the field. The field is shared by several users, and our agreement was never that he would have exclusive use of the field. I need to move his truck away from the gateway immediately, and then I want to get his vehicle towed away or scrapped if he doesn't pay the rent that is owed. so far he is refusing to move the truck from the gateway, and I will have to break in to the truck to release the air-brakes In order to move the vehicle away from the gate to allow other users to go through. What remedies do I have to get his truck moved back about 25 metres?
Expert:  Ash replied 1 year ago.
Ok - can you get in without damaging anything?
Customer: replied 1 year ago.
No. The truck is locked. It has air brakes which are "on" whenever the engine is not running. The truck weighs about 6 tonnes and it will cost several hundred pounds to get a big recovery vehicle here. I have phoned a locksmith to see if something can be done, but I think that would be breaking in, which sounds a bit on the edge of a crime, yes?
Customer: replied 1 year ago.
I submitted an answer, then this box came up asking if i wanted to add anything further ???The answer is no, i would have to break into the truck. It is locked, and the air brakes are "on" unless the engine is running.
Expert:  Ash replied 1 year ago.
Ok. Criminal damage is where property is damaged and you dont have a reasonable excuse. In this case you do have an excuse so you can break in and move it.Or you can get a Court order that its moved. If you get a Court order then you can move it, as this means the Police cant do anything.You would need to complete form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court would list it for matter and decide whether to give an order to make it so you remove it.But otherwise you can break in and move it, as you do have a reasonable excuse.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thank you for your answers. I have attempted to ask a further question, but there was no way to do this on the web page as this box (the one that now has this message) did not appear yesterday. I also attempted to activate the "free trial" for your services for one week, but it seems I had to sign into PayPal again and set up another paying account; which I did not want to do.Altogether I do not think your website (my.justanswer.co.uk/question) has worked very well. Why could I not activate the free trial without signing twice to pay? Why was there no "answer" box available?
Expert:  Ash replied 1 year ago.
I cant say why you couldnt activate the trial, sadly I can only see the questions.Can I clarify anything for you, question related please?Alex
Customer: replied 1 year ago.
The truck has now been taken away by somebody who broke into the field (the gate to which which was locked) between 3am and 5am this morning. I believe that I have a proprietary interest in the truck as I was holding it against non-payment of the storage rental fee. I had informed the owner (several times during the last three months) that I was holding the truck and goods until he settled the outstanding debt. Am I correct in believing that even if the owner is the one who took the truck, it still amounts to theft because of my proprietary interest, and that he had to break into my premises to take it? The police seemed to have this view on Saturday last, when they witnessed me locking the gate with the truck inside. I reported the theft at 06:15 this morning. But today they seem to be "busy" although I have sent them the complaint, the information, the license no. of the truck, and the location of the truck immediately after it disappeared (a nearby layby on an A-road). As of now (23:45) the truck is still there. What recourse do I have to recover the truck, or recover the debt?
Customer: replied 1 year ago.
Please advise me how to actuate the "free trial for one week" which is advertised in the middle of our messages. I do not know if it is your offer, or the firm you work for, or justanswers.com, or someone else, but it seems to me that an average member of the public would reasonably conclude that the "free offer" related to this service. I did mention this query in a previous question to you, so telling me you have no idea about the free trial doesn't really help, does it?
Expert:  Ash replied 1 year ago.
You have given me a NEGATIVE rating despite me giving you a legal answer?You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I also asked, am I correct in claiming I have a "proprietary interest" in the truck, as I was holding it against the non-payment of the rental charges and I had informed the owner several times of this? Is it correct that even if the removal of the truck was by the owner, it is still theft because of breaking in, and also due to my proprietary interest in the truck? These are legal questions overlooked in your last reply..Alex, perhaps I have not made my thoughts very clear. I am a typical member of the public who has no prior experience with the intricacies of the law or the JustAnswers website. I wanted to a question. I read what was on the screen. I applied for a membership and put my credit card details in play. I was assured that I would be able to evaluate the experience at the end, and then decide about my degree of satisfaction. I asked the first question, and you responded and asked for more details. I supplied more details. You then came back with another question about my situation and I found thee was no way to answer you as the "answer" box (the one containing this message) was not there. I phoned the contact number. I tried to answer using another part of the website. I then discovered persistent advertising that I could start my free trial now, right on top of the thread of messages between you and me. I clicked the "free trial" button and was invited to enter my credit card dertails a second time, which ~I refused to do. I then emailed Just Answers. Some hours later when I re-opened the website looking for your answers, the "answer" box was available, and I supplied the additional explanation. The next time you asked, at the end of your answer, "was there anything else?" there was no "answer box" available once again, so no way to answer. At that point I was invited to evaluate the service. Frankly, if you have read my evaluation, I remarked that the legal advice was good but the overall service was not good.It is not at all clear to me (or I imagine to other members of the public) who you are, who "Just Answers" is, and where the dividing line between you all is. My only recourse is to ask for clarification of the service, which frankly is not very impressive, so far. Your legal advice is part of the service, not the whole of it.N.B. This message box has, immediately above it, a statement that says, "My goal is to provide you with excellent service." etc. Immediately above that message and apparently attached to it is a full-width banner advertising the "FREE for 1 week! " offer, with a "Start My Free Trial" button. Immediately below this message box is "You have an unclaimed offer!" and so on. full-width banner advertising the "FREE for 1 week! " offer, with a "Start My Free Trial button. I think it would be the unusual person who would not find some confusion over this or that part of the "service" that "you" are providing.If you are not responsible for anything else on the pages that show your messages, I can only say that the "service" is confusing and misleading. Perhaps you should explore the website and see how your comments are displayed. You may want to re-think what you are doing on this site, if you are concerned with your ratings.
Expert:  Ash replied 1 year ago.
I can only see the questions, I can not see any more. I have nothing to do with the website format, billing or any other aspect.I will forward your feedback to the development team. But in the meantime if I could invite you to re-rate my answer with a positive response I would be grateful as it affects by standing on the site.If you have any other questions I would be grateful if you could number them one by one and I can answer it.Does that help?Alex
Customer: replied 1 year ago.
Alex, you seem to be more interested in your rating than answering even my legal questions. Please re-read the first paragraph of my previous reply to you. For your convenience here are the legal questions, for the third time:"I also asked, am I correct in claiming I have a "proprietary interest" in the truck, as I was holding it against the non-payment of the rental charges and I had informed the owner several times of this? Is it correct that even if the removal of the truck was by the owner, it is still theft because of breaking in, and also due to my proprietary interest in the truck? These are legal questions overlooked in your last reply.."To summarise, here are the same questions, enumerated, as you asked:
1. Is it correct for me to claim I have a "proprietary interest" in the truck, as I was holding it against the non-payment of the rental charges and I had informed the owner several times of this?2. Is it correct that even if the removal of the truck was by the owner, it is still theft because of breaking in, and also due to my proprietary interest in the truck?Is there any reason you have failed to respond to these questions in two previous exchanges?
Expert:  Ash replied 1 year ago.
Not necessarily no. Its only where you have a legal lien can you claim that. For example if you had serviced the truck and it contained your parts. That is your only claim there but that does not apply in this case.1. No2. No because of the aboveCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
If goods are stored in a place for a consideration, namely in return for an agreement to pay a storage fee, and if after some time the owner refuses to pay the fee and declares there is no fee to pay, then it seems to me that establishes a breach of contract. If the storage owner notifies the goods owner that unless the debt is settled within a reasonable time the goods will be held against non-payment, and the goods owner then repeats that he will not pay any fee because he doesn't have to, then at that time the storage owner has a general lien on those goods. I think this is similar to a landlord's lien against a tenant's property when the tenant does not pay the rent. the lien amounts to a proprietary interest in the goods.Is there a legal flaw in this line of argument?
Expert:  Ash replied 1 year ago.
Do your terms and conditions which have been agreed, allowed to have a lien or right in the goods?
Expert:  Ash replied 1 year ago.
If not then no, it would be a flawed legal argument.You must have signed terms and conditions allowing you to do this.Otherwise you have no interest in the vehicleDoes that clarify?Alex
Customer: replied 1 year ago.
The terms and conditions were verbal, and there was no discussion at the time about a lien on the goods. What was discussed was only the storage service, and the cost of the storage per week. It seems to me that if the other party defaults in the most fundamental terms of the contract, that contract is then broken and a common-law resolution comes into play. Otherwise there would be no remedy at all and clearly an injustice would take place - the bloke would be able to store his goods here forever at no cost whatsoever. That can't be right.
Expert:  Ash replied 1 year ago.
Ok - then you have no right against his truck. Your claim is in damages only.That is your remedy - damages.Does that clarify?Alex
Customer: replied 1 year ago.
Your answer also suggests that, in addition to being able to store his goods here indefinitely at no cost, the truck owner has the right to break into my locked property and take his goods whenever he wants. Presumably he also has the right to break into the property and place more goods there, at no cost and with no permission. What damages can I claim? The loss of visual enjoyment of an empty field? I think that analysis is so absurd as to not be true.
Expert:  Ash replied 1 year ago.
I did not say that he can store it there. You can seek a Court order that its removed and indeed if he breaks in to the property potentially there is criminal damage.You have a remedy - but it is NOT in the interest of the vehicle - you are mistaken in that regard.You can claim that he remove it on the basis that any licence to store has come to an end and therefore it must be removed.Alex
Expert:  Ash replied 1 year ago.
You asked what remedy do you have - you seek an INJUNCTION.That is a remedy as per Part 25 of the Civil Procedure RulesAlex
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Customer: replied 1 year ago.
Thank you. That is all.