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Stuart J
Stuart J, Solicitor
Category: Traffic Law
Satisfied Customers: 23353
Experience:  Senior Partner at Berkson Wallace
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Sorry to bother you with this but we have a situation with

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Hello, sorry to bother you with this but we have a situation with parking my partners work van in our street. I have rang the builders of the estate and they said it's down to the housing association, they dont know either about any parking restrictions. I contacted stafford highways and it said to ring 101. One of the neighbor's 4 doors down opposite, keeps complaing to his works, saying its parked outside their window and it smells. He works for PHS Group Ltd, and every evening he goes back to base and collects all clean bins before returning home, so he only carrys air freshener and hand wash, so the van doesn't smell at all. They are peering into his work van, to complain he carrys fabreeze and that is because he smokes and likes to keep his van smelling fresh and his clothes before going into customers properties. We just need some advice please, as hes not parking dangerous. He just wants to make a living. I suffer from mental health problems and it's really stressing me out with all this.Many thanks***** *****
Assistant: Do you need to appear in court?
Customer: No, I'm looking for advice, as my partner is getting harassed from work about complaints
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: thanks

I hope your partner is not smoking in the van. If he is, he commits a criminal offence. It’s classed as a workplace. You didn’t ask about that but I mention for completeness.

I don’t why the van is parked outside the neighbour as opposed to being parked outside your own property. If there is no restriction on parking, then anybody can park where they like provided it is not across any part of a dropped curb.

The neighbours are harassing him through a3rd party.

Harassment is defined as a course of action (more than once) which is intended to harass, does harass, is reckless as to whether it harasses, or if the average bystander would look at the conduct and think that it was indeed harassment.

Harassment is both a civil matter and a criminal matter.

If you are being harassed. Go to the police and ask them to warn the ex-under the Protection from Harassment Act. Some police forces take that very seriously and others not so and therefore, you may need to speak to a senior officer or put a complaint in writing to the Chief Constable.

He could also apply to the civil court for an injunction to stop this constant harassing.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 6 months ago.
Hello, he certainly does not smoke in the van, if he has the odd one during the day, it's out of the van and sprays his clothes with fabreeze before going to new customers.
We live opposite a road and the vehicle is parked legally, the works have now said it's got to go on the drive, which means it will hang over the footpath. And they said tuff its got to go there.
We are just trying to earn a living and am sick of this harassment now. I suffer with severe mental health and am worried he'll get the sack and this is causing deep distress to our family.
It's not a dropped cerb, it certainly doesnt smell as he only carrys air freshener and hand sanitizer and completely steralized units.
Thank you
***** *****

Be careful of the vehicle overhanging the footpath. People could trip over the back of it, particularly if it’s dark and you could end up with a personal injury claim. Further, you could end up with being prosecuted for obstructing part of the footpath. I don’t think that overhanging the drive is an option.

What’s happened here, and you haven’t mentioned before, is that the employer is simply taking the line of least resistance because they can’t be bothered and that’s why they’re saying it’s got to park somewhere else.

There is nothing to stop your partner dealing with this how I suggested that you did, in my earlier post.

There is another problem here and that is that if outside your house it is not a dropped curb, it is illegal to mount a dropped curb with the vehicle. I think you may be referring however to the moaning neighbours property, not yours.

Customer: replied 6 months ago.
Thank you for this information, is it possible for you to write us a letter and pay you for this please

I’m happy to write the letter for you but it would be the wording for you to send off your partner to send, not from a solicitor. We are not allowed to take instructions. If you wanted the force of a solicitors letter head, any local solicitor would do it for you

Customer: replied 6 months ago.
Ok, will go to a local solicitor but thank you so much for your help today, it's been brilliant

I am glad to help. If you could help me now please, in the way that I have helped you, I would be obliged if you could please use the rating service because that gives payment for my time and expertise here today.

If anything else crops up, we can still exchange notes. The thread doesn't close.

Kind regards.

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