Cars clamped... WTF?

Clamp, some metal bars(scafolding?) onto the councils clamps(and your cars). The cars will be too wide to move legaly along a road, and they will be unable to remove then own clamps. Charge them the exact same fee as what they are trying to hit you with if when they eventerly want remove their own clamps. (Which they will want to do once they realise its privite land.)

Your not planning on useing these cars anytime soon are you? lol

Dont damage the clamps they put on, that puts you on the wrong side of the law.
 
DrDee said:
Only it wouldn't end the Saga would it, he would then have to fight them in court over the fact he damaged there property.
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On private (even if it's not his) property on which they should never have been in the first place.

Nobody is going to chase something like that, because should it ever go to court, the judge would laugh at the prosecution.
 
EMAIL POST READ FROM BOTTOM TO TOP - there was two chains of emails going on unfortunately!

"RE: Car park at rear of housesx
From: x ([email protected])
Sent: 19 August 2009 13:59:33
To: x ([email protected])

Phone me. Sandy



--------------------------------------------------------------------------------
From: x [mailto:[email protected]]
Sent: 19 August 2009 11:46
To: x
Subject: RE: Car park at rear of houses x


Hi x

So it is private but also an adopted car park which is lockable? I just want to know the councils legal position on this so I can consult a lawyer, because somewhere down the line ownership of this carpark has been taken over by someone from the Factor.

The DVLA are not taking my word on this, so without a statement from the council I am at a loss what to do and will lose the vehicles.

Regards


--------------------------------------------------------------------------------
Subject: RE: Car park at rear of houses x
Date: Wed, 19 Aug 2009 11:42:41 +0100
From: [email protected]
To: [email protected]


George

I am not sure where you want to go with this. Unless you can prove that the car park is not adopted will you achieve anything. After all it is the DVLA that you have to satisfy.

x



--------------------------------------------------------------------------------
From: x [mailto:[email protected]]
Sent: 19 August 2009 11:30
To: x
Subject: RE: Car park at rear of houses x


x

I have spoken to my elderly neighbours who have lived here much longer than myself have informed me that my whole street was bought from ECC by Wimpy Homes in or around 1980. My block of flats and carpark was refurbished as a private estate called the Roseberry Estate.

For many years residents paid upkeep of the grounds to a factor, however due to people moving on and non payment before I bought my property the factor washed his hands and said the upkeep was down to the residents soley.

Do I need to get this in writing from George Wimpy homes?

Regards

x


--------------------------------------------------------------------------------
Subject: RE: Car park at rear of houses x
Date: Mon, 17 Aug 2009 14:32:56 +0100
From: [email protected]
To: [email protected]


In this case private property is any property which is not a public highway. e.g. a private car park. It would be owned by someone.

x



--------------------------------------------------------------------------------
From: x [mailto:[email protected]]
Sent: 17 August 2009 14:27
To: x
Subject: RE: Car park at rear of houses x


Mr x

Thank you for your correspondence. Could you possibly clarify if 'private property' means ownership has been disregarded and it is now 'common ground' or is there any person who holds title to the land?

If this is not for yourself please accept my apologies, I will approach housing.

Thanks again for your time in dealing with this.

Regards

x"
 
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EMAIL POST READ FROM BOTTOM TO TOP

"RE: Car park at rear of houses x
From: x ([email protected])
Sent: 19 August 2009 17:46:18
To: [email protected]

Hi x

I accept that.

DVLA are now going to release my vehicles because I can show the deeds. I have still approached the lawyer I initially bought the property through and will still meet with Mark Lazarowicz to explain the situation. Until I recieve some sort of assurance in writing as to the councils view of the land or a statement revoking its view on the adoption of the tarmac, I will press this as there are still other issues pertaining, other than my clamped vehicles.

I think it is scandalous that CEC can make an illegal land grab and get away with it for nearly a quarter of a centaury. It essentially makes criminals out of people by passing on incorrect information to 3rd party Law Enforcement Agencies when the people in question are nothing of the sort. That is libellous in my mind.

Again I would like to thank you for your time in corresponding with me regards to the ownership and adopted status. Hopefully I have nother else to bother you with!!

Many thanks

x




--------------------------------------------------------------------------------
Subject: RE: Car park at rear of houses x
Date: Wed, 19 Aug 2009 15:44:55 +0100
From: [email protected]
To:[email protected]


This would not be the first time CEC have made a mistake.

x

From: x [mailto:[email protected]]
Sent: 19 August 2009 15:06
To: x
Subject: RE: Car park at rear of houses x

x

The title deeds state that we are responsible for the lot, and that ECC gave up that right with the sale of the land or at least put that responsability to the owners. It seems to state to me that we are responsible for the upkeep of the drains and road, fiscally. Again, that is how I read it. Going to the lawyers just now.

If ECC have adopted it there has to be a legal problem now with everyones title deeds in West Pilton at large.

Costly or not I will push this until I have a clear understanding of the legallities of the rear car park and areas, and exactly what ECC are responsible for services wise across all your departments that have or have not been reneged on by ECC since the mid 80's. I have an appointment with Mark Lazarowicz Edinburgh North MP at his open surgery on Friday to discuss the matter further also.

I see your argument, a long time ago someone at the council made the map pink. However I do not believe this to be correct, or legal somehow. I'm not a lawyer, but will pay to find out.

Regards

George


--------------------------------------------------------------------------------
Subject: RE: Car park at rear of houses x
Date: Wed, 19 Aug 2009 11:50:08 +0100
From: [email protected]
To: [email protected]


Crossed emails
Have you looked at the title deeds? The land does not have to be owned by the City of Edinburgh to be an adopted highway We may be responsible for maintaining the surface yet not own the solum of the highway. Establishing ownership can be a very costly exercise I think the crucial point is that the car park has been adopted as a public highway and CEC are responsible for maintenance.

x"
 
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So long and short of it is that the council regarded themselves as responsible for maintainence of the road but it is anything but, and I can prove this with regards to title deeds.

I am still going to see my lawyer tomorrow with regards to this, until I get a written statement from the council. I like the fact head layman at the council said that City of Edinburgh Council have done similar before.

Also got this email:

"RE: Cars‏
From: x ([email protected])
Sent: 19 August 2009 17:22:02
To: x ([email protected])

After looking in to the case I have decided to unclamp your vehicles free of charge. Both clamps will be removed by the 20th.

Regards"

So sorry guys, I won a mamoth legal battle but the grinder is going to stay put!

:D The two boys that turned up to move the cars this morning couldn't believe their boss had sent them down when I was disputing the land and even their right for the two dvla boys to be in the carpark. Had ran out to stop them doing it in my boxers. They shook my hand before I left saying they thought their boss was being a ticket!
 
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DrDee said:
Are you going to be duly compensated for the hassle?
Click to expand...

I'm going to check with a different bunch of lawyers for that tomorrow, got a litigator and a land dispute expert already just got a voicemail about it just now - had to leave for work this afternoon.

I really want to take a civil suit for libelous claims made publically against me. Against City of Edinburgh Council that is. Its a wonder nothing like this has cropped up before in the 25 years the council falsly believed it was theirs.

Might get no where, but I will quite happily run up a legal bill in the attempt.
 
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I hope you get some compensation for that mate, if not, at least you know next time just to bang out the grinder!
 
Biohazard said:
Ah, that'd be me! ;)

Didn't see I left that in there! :o

Edit: you live in london now??
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Haha, serves me right for not reading the sender/sendee as well as the name.

Yep, moved down here about two months ago now for a job and it's going well so far, in fact I think we're employed by the same department although rather different jobs.
 
semi-pro waster said:
Haha, serves me right for not reading the sender/sendee as well as the name.

Yep, moved down here about two months ago now for a job and it's going well so far, in fact I think we're employed by the same department although rather different jobs.
Click to expand...

Congratulations mate! I'm really happy to hear you got a job. Hope your settling in ok in the big town! (I always feel dwarfed in London)

Do you get the extra London rate of pay then? You in the Law enforcement side or tax? Better than being skint eh? ;)
 
[TW]Fox;14712199 said:
Joke or not you make me look like a valuable poster to be honest.
Click to expand...

Your one of the most valuable posters in motors, even with the fanboyism that you have had since you Xantia days
 
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