View Single Post
Old Mar 11, 2006 | 06:27 PM
  #17  
NC53's Avatar
NC53
Regular Contributor
 
Joined: Nov 2005
Posts: 260
Likes: 0
Default

Ask for details of the corporate complaints procedure. It is usually a three stage system i.e. complaint to line manager/head of service/chief executive.

If you do not get any satisfaction from the complaints procedure, once you have reached stage3 you can then complain to the Local Government Ombudsman who is independent from the Local Authority.

The Council will not release the complainant's details even if you make a FOI request as this information is confidential. A court could order the release of this info to you.

There may be covenants in your tenancy agreement which prevent you working on cars although I doubt that it will be so specific. It is more likely to say that you can't park boats/caravans etc or anything other than a private motor vehicle on the driveway and must not not do anything which causes a nuisance or annoyance to your neighbours.

Someone else mentioned an allegation of a car repair business on privately owned domestic property. The Council can take action under the Town and Country Planning Act 1990 for a change of use of the land. However, you are entitled to repair your own vehicles and those of your friends and relatives within reason without there being a change of use of the land. Siuch activities are normally incidental to the use and enjoyment of the dwelling house.

As for cars being uplifted by the Council for being untaxed,
the power for this is in the Refuse Disposal (Amenity) Act 1978. It applies predominantly to highways, although it can apply to private land also. if the vehicle is on the highway and appears to have been abandoned, it can serve a notice (usually 7 days or 24 hours depending on whether the car is in such a condition as to have no economical value). They can not uplift it until the notice expires. If it is on private land, they must serve notice on the occupier first. If they don' t then they are trespassing and also interfering with goods both of which are actionable in the County Court by the owner.

cheers

NEIL
Reply