Closed
Abandoned untaxed vehicle causing inconvenience and obstruction
Reported in the Abandoned vehicle category anonymously at 19:41, Sun 24 September 2017
Sent to Bromley Council 16 hours, 10 minutes later. FixMyStreet ref: 1113901.
Vehicle LX52OCS is untaxed since 30th June 2017 and parked on Hillbrow Road near the footpath towards Coniston Cresent BR1. Vehicle is causing an inconvenience to local residents who have to use the road as access to their property and part of a larger obstruction.
Updates
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Thank you for your report, this is now being investigated. Information on our services and the timeframes we aim to respond in can be found: http://www.bromley.gov.uk/ fixservices
State changed to: In progress
Posted by Bromley Council at 12:14, Mon 25 September 2017
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The vehicle has been claimed by the owner.
State changed to: No further action
Posted by Bromley Council at 15:45, Mon 9 October 2017
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This vehicle is still at the location untaxed. This issue has not been resolved. Again Bromley council are failing to investigate this issue.
The legal definition of a road as written in the Road Traffic act 1988 is “any highway and any other road to which the public have access and includes bridges over which a road passes.” A road has been held in the case of Worth v Brooks [1959] Crim LR 885 include pavements and boundary grass verges. Hillbrow Road is a public place that public have access to due to use by local residents and customers of Quaser. Therefore the vehicle should be taxed and insured to be on a road.
State changed to: Open
Posted anonymously at 16:23, Mon 9 October 2017
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As the area is in fact private land with highway rights over it the issue is quite complex. Bromley are liaising with the DVLA and our Legal Team with regard to options and continuing to monitor the site.
State changed to: No further action
Posted by Bromley Council at 10:25, Fri 13 October 2017
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The land was checked against land registry and it was not shown as being private. Hillbrow Road, even though appearing as unadopted still constitutes the definition of a road as written in UK law. Road Traffic act 1988 is “any highway and any other road to which the public have access and includes bridges over which a road passes.” A road has been held in the case of Worth v Brooks [1959] Crim LR 885 include pavements and boundary grass verges. Hillbrow Road is a highway which the public have access and use. This case can not be closed as no further action when further investigation still needs to be conducted. Again this is Bromley council closing down reports without a full investigation. Local residents who pay council tax need answers on the reported issues.
State changed to: Open
Posted anonymously at 11:20, Fri 13 October 2017
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The Land Registry shows the area in question in fact falls under the three titles: LN57423, 398975, SGL695154. There are highway rights over these titles which form the unadopted road. However given the element of private ownership extending into the area considered the unadopted road and the different timeframes and requirements for vehicles associated with a motor trader than private ownership the issue is complex. As outlined above Bromley are continuing to monitor the area and are liaising with both the DVLA and our own Legal Team to determine options and how best to proceed with regard to the issues here.
State changed to: No further action
Posted by Bromley Council at 12:05, Mon 16 October 2017
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Again if this still needs further investigation, which the council claim that they are doing, how can this case be closed with ‘no further action.’ Surely it should remain open and await the councils investigation.
State changed to: Open
Posted anonymously at 16:24, Mon 16 October 2017
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FixMyStreet is not intended as a forum, as clearly outlined above there are further complexities to this wider issue on which enforcement options are being sought. The issue as a whole is being investigated and as such individual reports will not be held open.
State changed to: No further action
Posted by Bromley Council at 16:39, Mon 16 October 2017
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I thought FixMyStreet was somewhere for council residents to report their issues and these are then investigated by the council. If local residents can not be assured that this issue is not going to be forgotten about. Surely FixMyStreet is a log of actions by the council to give local residents the faith and trust that they do listen and will try and support them, neither are felt by local residents who are reporting this issue and would like to hear the result. If this is closed how will local residents find out the result and evidence the council are doing what has been listed above?
State changed to: Open
Posted anonymously at 17:07, Mon 16 October 2017
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While FixMyStreet is designed for residents to reports issues and check progress towards resolution, given the complexities with this case as stated above and requirement for qualification of options by the DVLA and Legal Services Bromley will not provide a public running commentary on these enforcement cases. This report will remain closed on FixMyStreet.
State changed to: No further action
Posted by Bromley Council at 12:28, Tue 17 October 2017
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As the council just wrote, this is somewhere local residents can check on progress. Why can this then not be left open and once the investigation is complete, the report can updated for local residents to see the result. I feel, like on the 9th October 2017 when they attempted to claim that the vehicle had been recovered when it had not, Bromley council are just trying to close this report in a hope that it will be forgotten about. People feel that the council are just trying to get away with no actions on this, and like, reports. The local MP has been contacted about this, and surrounding issues. Local residents are just asking for some confirmation from the council that they will be updated with the result of their investigation, and surely the best and easiest way is for this report to just be updated.
State changed to: Open
Posted anonymously at 19:12, Tue 17 October 2017
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Still open, via questionnaire, 15:30, Mon 23 October 2017
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Still open, via questionnaire, 15:31, Mon 20 November 2017
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Still open, via questionnaire, 19:54, Mon 18 December 2017
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Still open, via questionnaire, 20:03, Mon 15 January 2018
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Due to the complexities of this issue in terms of enforcement options, the matter is with our Legal Department for advice.
Posted by Bromley Council at 16:36, Wed 21 February 2018
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This issue is still with our Legal Department for advice.
State changed to: No further action
Posted by Bromley Council at 18:04, Mon 2 April 2018
This report is now closed to updates from the public. You can make a new report in the same location.