Legal advice regarding neighbour and shite cars.

[Guest Breadvan72]

Martybabes, which legal duty is the Council relying on?    It's not enough for a public authority just to point vaguely at the qualifications to a Convention right.     

[Albert Ross]

Before I got married, I lived alone in Lincoln. I had 16 Sierras, a couple of Peugeots and a Land Rover on the drive. I got reported, mainly for the "noise and smell at all hours, day and night" Alrighty then.. Considering I was out at work 7am to 6pm, I found the times easy to defend. Noise and smell? When the man from the Council came round, he asked if any of the cars ran.... bonnets open... no engine, no engine, no head, hole in block, water damaged engine, no heads, no engine OR gearbox, etc... As he was concluding his visit, there was an almighty racket from a nearby garage. In the next Street. It was a chap with racing bikes that he used at Cadwell. Almost immediately, the complainant "broke cover" and came from his house shouting, "That's the noise, listen"... The council man demonstrated where the noise was coming from.

     When it went to a hearing (because apparently 20 or so cars is too many) I was faced with a file, containing pictures, that had been taken whilst ON my property, but at a time I wasn't there. They were date/time stamped, and it was a week I was in Hereford! I was told that I would have to pay costs, but the figure would be reduced because of the lack of permission for entering my property. A few months later the complainant asked if I would look at his Mini. I did..... eventually.

[fordperv]

 

Bawbag of the year! by srblythe, on Flickr

 

 

is that seriously the guy? if only someoone had a similar 1 series they could go bilking and high speed tests of cameras in the local area hahaha

 

dont tell me hes one of those lycra clad numpties who hold people up on national speed limit country roads on his bicycle (assumption jumped to because of his roof bars)

[saucedoctor]

1 Series with spaz bars. Wanker.

[martybabes]

Martybabes, which legal duty is the Council relying on?    It's not enough for a public authority just to point vaguely at the qualifications to a Convention right.

 

breadvan - see S.79(1) of the Environmental Protection Act 1990

 

"...and it shall be the duty of every l.a. to...inspect" and where a complaint is made, to investigate.

 

I'd say that covers it!

 

mb

[Guest Breadvan72]

It is far from clear that the neighbour complained of a statutory nuisance under that Act.  His beef seems to be that the OP is running a business.  Anyway, the Council had a look once already.    Further investigation would risk being disproportionate and unlawful, absent any compelling factor to justify such investigation.  

[richardmorris]

He reminds me of an old neighbour of my gran's in the 1970s who didn't like children playing (in my gran's garden). She actually shouted out " don't come running to me when you break a leg". We were playing softball tennis at the time  - hardly a raucus sport.

[Guest Breadvan72]

At Marylebone Station this morning the taxi queue was some way adrift from where it usually starts, for whatever fractal chaos theory reason that such things occur.  Some bloke came along and protested loudly and repeatedly that we were all in the wrong place, and even attempted to get into the first cab because of the queue "not being under the sign". Some titterage ensued as I suggested that he try saying it in German, and asked if he wanted a special hat.  Perhaps this dude lives next door to derskine?

[martybabes]

It is far from clear that the neighbour complained of a statutory nuisance under that Act.  His beef seems to be that the OP is running a business.  Anyway, the Council had a look once already.    Further investigation would risk being disproportionate and unlawful, absent any compelling factor to justify such investigation.

 

 

In which case, it may be that a breach of planning control is being investigated by a Council enforcement officer (whose investigatory remit will not be restricted to Planning but will - in order to avoid a succession of Council Officers having to visit - also include all investigatory and enforcement duties and powers at the local authority's disposal).

 

i understand what you're saying, breadvan, but I am presenting the/an other standpoint (in the interests of balance and proportionality...)

[Guest Breadvan72]

Being both a libertarian (a lefty one) and a constitutional lawyer I think that all attempts by State bodies to exercise coercive power should be subject to close scrutiny.  Too often Councils arrogate to themselves more power than has been given to them by Parliament.   There can be an unhealthy synergy between the curtain twitching neighbourhood Stasi and the over weening Council official.  We should politely but firmly resist Statist mission creep.

[Lankytim]

Oh I dunno, it can be a good thing. The local scumbags who enjoy dumping sofas and letting their dog shit everywhere are now finding themselves in court due to covert filming. The residents association is a mini fascist state but they do like to get things done, and the overzealous council officials are only too happy to sink their teeth in.

[sheffcortinacentre]

said it once will say it again, he won't stop hes right & the world is wrong.

see my op for rest.

[fiatdaft]

Pics of the thema you mention!

[Cavcraft]

Pics of the thelma you mention!

 

[Cavcraft]

I R DISAPOINT there has been no more mentions of violence, or ridiculous internet suggestions of things people would do if it were them. This place, etc.

[DodgyBastard]

Pics of the thema you mention!

 

 

 

DSC_0383 by srblythe, on Flickr

 

DSC_0384 by srblythe, on Flickr

 

DSC_0386 by srblythe, on Flickr

[DodgyBastard]

He's clearly just jealous of chod central...

 

 

DSC_0417 by srblythe, on Flickr

 

DSC_0554 by srblythe, on Flickr

 

DSC_0547 by srblythe, on Flickr

 

DSC_0048 by srblythe, on Flickr

 

DSC_0050 by srblythe, on Flickr

 

 

[chaseracer]

I R DISAPOINT there has been no more mentions of violence, or ridiculous internet suggestions of things people would do if it were them. This place, etc.

 

WE SHD NUKE HIM FRM SPASE.

[chaseracer]

 

He's clearly just jealous of chod central...

 

 

 

Remove bogroll from lens...

 

[Chas4545]

Sometimes it seems to me that there are 2 types of people living in our overpopulated country with its squashed together houses.

 

Group 1 who live by the rules as they see them, and group 2 who say "what rules?"

 

Problem is  group 1 inevitably want  group 2 to be the same as them.

 

Go and rent a dozen acres in France for peanuts and be like the French - do what you like.

[dugong]

Remove bogroll from lens...

 

 

But this is SHITE PHOTOGRAPHY (turd icon) you're dissing, kid! YOU CAN'T DISRUPT ART!

[DodgyBastard]

Actually, i got a new dslr so now it's mediocre photography...

[dugong]

Actually, i got a new dslr so now it's mediocre photography...

I thought the thread on RR was spot-on.

[DodgyBastard]

I thought the thread on RR was spot-on.

 

Pity the admin thought it was shit....

 

Maybe I should start a new one with these...

 

 

 

 

[TimothyClaypole]

I've read all this and in my head had it as a typical street setting so maybe the moaner had a point but from the last pics it's not and if I had that space it would be filled with stuff as well.

 

Piss poor private plate busybody...

[Parky]

As you have so much space you could always pick up a decommissioned Howitzer and leave it in your front garden aimed in the general direction of his place?

[chaseracer]

Pity the admin thought it was shit...

 

WGAF what that knob jockey thinks?

 

[laser wheels]

I've read all this and in my head had it as a typical street setting so maybe the moaner had a point but from the last pics it's not and if I had that space it would be filled with stuff as well.

 

Piss poor private plate busybody...

 

Me too, thought we were talking sleepy little cul-de-sac in suburbia not out in the sticks with, like, actual land and buildings and stuff!

 

I also thought he would be some stereotypical miserable old giffer with too much time on his hands not the Ray-Bans and 1 Series type. Very odd.

[worldofceri]

KEYBOARD WARRIERS IN WRONG CONCLUSION JUMPED TO :: SHOCK ::

 

Me included. That looks like the sort of place that absolutely should be used for messing about with shite! Carry on!

[Station]

Just ignore him - he can't do anything to you.

You have done nothing wrong, and the best course to avoid stress and bother is to pretend like he doesn't exist. This will annoy him even more, but he will get bored of it and move on once he knows he can't bother you with his pettiness. It's sometimes hard, but this is the best thing to do in situations like this.