Clamped in your own drive!!

Discussion in 'Motorhome Chat' started by ShiftZZ, Sep 16, 2009.

  1. ShiftZZ

    ShiftZZ Funster Life Member

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  2. Munchie

    Munchie Funster Life Member

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  3. GJH

    GJH Funster Life Member

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    I don't know why the residents think they can claim the areas they are parked on are part of their drives. It isn't obvious from the photo in the story but the video report shows that the vehicles are parked on tarmacced access points to their drives.

    The councillor is talking rubbish. The highway extends to the building line and includes the verge and footpath. Just because a council charges a householder for the cost of putting in an access point/dropped kerb it doesn't mean that they own the land. The DVLA have done nothing wrong.

    Graham
     
  4. Munchie

    Munchie Funster Life Member

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    Could this not have been made clear to the residents before clamping took place Graham?
     
  5. scotjimland

    scotjimland Funster Life Member

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    The man says his van is tax exempt .. which means the tax is rated at £0 , but it still needs a disc, only that the duty is £0. and to get a disc it needs an MOT and insurance,

    The report isn't clear about this .. if it was on the highway and not showing a valid disc, VOSA were legally entitled to clamp and or remove.

    that is different, if it is SORN'd then it must be off the highway .. end of story ..
     
  6. GJH

    GJH Funster Life Member

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    I don't know how much publicity there had been locally Ken but there has been plenty of national publicity saying that the DVLA was going to crack down on untaxed vehicles on the highway. The newspaper report also refers to a similar exercise elsewhere in Shropshire so it looks like there has been some local warning.

    On the video he claimed it was tax exempt because it was built in 1973-4 but, as one of the comments on the story points out, vehicles have to be built before 1st January 1973 to claim that exemption.

    At the very least it looks like the guy featured in the report has been lax in finding out exactly what the situation was.

    Graham
     
  7. Johns_Cross_Motorhomes

    Johns_Cross_Motorhomes Trader - Motorhome & Accessory Sales

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    Not correct actually, the building line is where the building is.

    Councils and Highway authorities do not always own the land fronting a property, the Highways Agency had to slap a compulsory purchase order on us when they wanted to widen the A21 along our frontage. They did not need any of our forecourt BUT
    evidently we owned half the A21!:Rofl1::Rofl1::Rofl1:

    At the moment I am having an interesting battle with my local council who want to put a footpath all along my frontage at home plus three other properties and none of us want it.

    On checking all our deeds, we all own the land right up to the edge of the kerb, clearly stated on our deeds with full measurements right back to 1921!

    Peter
     
  8. GJH

    GJH Funster Life Member

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    Have to disagree there Peter :Smile: The "building line" is prescribed by the appropriate highway authority under S74 of The Highways Act 1980 and limits where building can take place rather than referring to a structure.

    That is very common. Often enough the boundary in a built up area is marked by studs or a metal line set into the paving. There have been several cases in Middlesbrough where private land fronting a building is used for parking and the (business) people concerned have had to be "encouraged" to stay within their limits and not encoach on the public footpath.

    I like it :Laughing: Looks like somebody must have made a bit of a surveying error when the road was built :Smile:

    That's pretty common as well, especially in rural areas. Highways developed right up to the boundaries of farms/estates and the boundary stayed where it was when developments took place. It contrasts with urban development where, as part of building of a housing estate, the highways (consisting of roads, verges and footways) are normally retained by the developer and sold to (adopted by) the local authority on completion of building.

    Graham
     
  9. cater_racer

    cater_racer Read Only Funster

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    I have the reverse problem, the council refuse to maintain the strip of grass between my land and the road, they claim I have to maintain it. So I now pay a man to cut the councils grass...

    :Doh:
     
  10. bazfergy

    bazfergy Read Only Funster

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    some people have to much time on their hands:Rofl1:
     
  11. GJH

    GJH Funster Life Member

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    Send them a Freedom of Information request asking for proof of why it is your responsibility. That will sort it out one way or another.

    Graham
     
  12. hilldweller

    hilldweller Funster Life Member

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