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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9680
Experience:  I have been practising for 30 years.
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Neighbours have claimed they paid for their disabled parking

Resolved Question:

Neighbours have claimed they paid for their disabled parking bay and have stopped another disabled person from parking there How much would this have cost them please
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Have you asked them to prove that they have purchased this space?

Have they ignored the request or refused?

How have they stopped anyone else parking there?

Have you seen the deeds to the space?

Who owns the space previously?

If we could have them background detail would assist please. Thank you

Customer: replied 1 year ago.
the council have. Nothing yet. They have ignored repeatedly requests to park there and only go out after I have returned and parked elswhere. No deeds as yet . The land is owned by the council. They were there before I moved in with 2 dogs and because I had to walk to get dogs in the car 3 parking spaces away they complained I was letting the dogs run free, when asked if I could park there i was told no and by them forbidden to park next to them, they are not a well liked people by other neighbours,and I was told by a housing officer there nick name was "the moaners" at the moment we are waiting to go to mediation but the parking issue is still ongoing, they are very religious and deny everything even when they involved the police
Expert:  F E Smith replied 1 year ago.

Can you please clarify what you are saying. I asked whether you’d asked them to prove that they’ve purchased this space and you said that the council have. Then you say that the land is owned by the council. Can you please clarify?

You say that they’ve ignored repeated requests to park there, do you mean repeated requests not to park there?

What is the mediation that you referred to?

You say that when you asked if you could park their you say you were forbidden to park next to them. Why don’t you just ignore what they say and simply park there anyway and what is the relevance of parking next to them?

Customer: replied 1 year ago.
We live on a council estate, the council own the land so far the neighbours haven't proven anything but they claim they paid for the disabled bay.we haven't ask to park there they have repeatedly told me that I can't park there. The mediation is to do with issues with the dogs, they don't like them and have continuously pester the council about them barking,also my radio is to loud,the council have been round and so far they can't find any reason for their complaints.As for parking next to them I can only assume its because my car is older than theirs and their car is a mobility one? I did park there once and when they returned they kept blowing their hooter until I moved. The police told me to ignore them and park there but it causes so much agrivation, they now open my gate hoping to let the dogs out knowing I cannot go after them
Customer: replied 1 year ago.
By opening my gate I mean they undo the bolt
Expert:  F E Smith replied 1 year ago.

You might want to consider CCTV or a padlock on the gate because firstly, if the dogs cause any incident, you don’t want to be liableand secondly because what they are doing is not only nuisance but also harassment. That is cause for you to go to the police.

If they keep blowing their horns while stationary, to get you to move, that is a motoring offence and that becomes a police matter.

If the local authority will not confirm that they have purchased the right to use this space, then they have no right to use the space and what you have been told by the police, to simply park their, is correct.

I am not certain what kind of remedy you are seeking.do you simply want to know whether they have bought this space or not? I can tell you how to do that. However if they haven’t, and you have proof that they haven’t, and the disabled spaces are first-come first-served, and you parked there because you are discovered they don’t own it,it may not stop the horn blowing.

Customer: replied 1 year ago.
We have purchased a CCTV but its not up yet.thank you very much, you have answered my queries, I can now go to mediation full of confidence. Thank you again
Expert:  F E Smith replied 1 year ago.

I am pleased to have helped.

Please rate the service positive. It’s an important part of the process by which experts get paid. It doesn’t cost you anything but helped me greatly. Best wishes.

FES

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