No Cali's allowed !

[Jack Burns II]

We recently moved into a new house and the developer has told us that we cannot park our beloved VW California SE on the driveway as it might encourage 'white vans' and they don't want that. Unbelievable. Our solicitor has written to inform them that it is classified as a 'diesel car' on the road tax book. They replied that it is a campervan on the VW website. Can anyone help us here please?

 

[johnv]

We recently moved into a new house and the developer has told us that we cannot park our beloved VW California SE on the driveway as it might encourage 'white vans' and they don't want that. Unbelievable. Our solicitor has written to inform them that it is classified as a 'diesel car' on the road tax book. They replied that it is a campervan on the VW website. Can anyone help us here please?

Are they trying to discourage white vans or campervans?

 

[Jack Burns II]

Are they trying to discourage white vans or campervans?

Any type of van it appears yet we previously lived on the same estate and they allowed the VW there; just being awkward for whatever reason but we will not give in and would appreciate any other advice

 

[johnv]

When they've sold the rest of the houses they won't care.

 

[Richardmk]

I was always advised that unless there is some form of condition in writing (such as a covenant on the property deeds or a condition in the purchase contract then this is not enforceable in law.


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[Jack Burns II]

I was always advised that unless there is some form of condition in writing (such as a covenant on the property deeds or a condition in the purchase contract then this is not enforceable in law.


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There was a covenant stating that we had to ask for permission for a caravan or motorhome but this is neither and we were allowed it in our previous home on the estate, there is also ample room on our driveway for it. There are bigger cars on the estate and some of our neighbours have emailed the developer to say they have no objection, in fact one of them thinks our Cali is a 'thing of beauty' which it is!

 

[Bigted]

Ask to see the covernent in writing! It may say works vans as that's fairly common these days, but like you said a cali is a car for tax purposes and M1 not N1 i.e. Passengers not goods

 

[Bigted]

Any covenant should be on your deeds - if not they can take a long walk off a short plank!

 

[Jack Burns II]

Ask to see the covernent in writing! It was say works vans as that's fairly common these days, but like you said a cali is a car for tax purposes and M1 not N1 i.e. Passengers not goods

Exactly, we will go to the small court if we have to

 

[Jack Burns II]

Any covenant should be on your deeds - if not they can take a long walk off a short plank!

Thank you, we are hoping that common sense will prevail here

 

[jts46]

It happened on our estate but after completion nobody cared. We have work vans, large motorhomes etc, etc.

 

[Jack Burns II]

It happened on our estate but after completion nobody cared. We have work vans, large motorhomes etc, etc.

The developer is actually the family who owned the land and will continue to live here unfortunately. But they have a Land Rover Defender with no back windows etc which we are told is a van so maybe we will have to object to that as everything is reciprocal and they will be part of the 24 houses that will eventually be here

 

[Max-Felix]

Just ignore it and tell them to ***** it.

Pretty common and we had similar - no running businesses from home, no caravans on the drive etc - no-one gives a hoot.

 

[WelshGas]

The developer is actually the family who owned the land and will continue to live here unfortunately. But they have a Land Rover Defender with no back windows etc which we are told is a van so maybe we will have to object to that as everything is reciprocal and they will be part of the 24 houses that will eventually be here

Defender is classed N1 - Commercial Vehicle - Private Light Goods .

http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp

If you go onto the DVLA website you can put in your registration and get the vehicle details and Type Approval.

https://vehicleenquiry.service.gov.uk/

I suggest you send a copy of the details and vehicle classification for both vehicles and a copy of the Government Vehicle classification of vehicle types to the relevant parties.

 

[Jack Burns II]

Defender is classed N1 - Commercial Vehicle - Private Light Goods .

http://www.dft.gov.uk/vca/vehicletype/definition-of-vehicle-categories.asp

If you go onto the DVLA website you can put in your registration and get the vehicle details and Type Approval.

https://vehicleenquiry.service.gov.uk/

I suggest you send a copy of the details and vehicle classification for both vehicles and a copy of the Government Vehicle classification of vehicle types to the relevant parties.

Thank you for all of this, it is very helpful

 

[Ady77]

Hi, we had the same problem on our developement where there was a covenant in the deeds, we seeked legal advice and our lawyer told us to just ignore it. To enforce the covenant would mean the developer would need to take me to court which could work out very expensive as it is a civil matter. I did as advised and did not hear anything else.

 

[Trailertrash]

If you cross the seven bridge in a 10 meter motorhome provided it has rear seats it is charged as a car. It is classed as a car. If it was a commercial vehicle I could understand it. Someone is being too full of their own importance. I would advise them of this warn them that you will fight it with a vigour the like of which they have never seen. Failing that tell them you are Welsh Lesbian.... That should do the trick

 

[andyinluton]

I would seek proper advice as this could get expensive very quickly:

1. You've stated there is a covenant in place - the exact wording needs examining, does it say no motorhomes / camper vans or just no vans or commercial vehicles - then the argument is whether the Cali is a vehicle of the type thats not allowed.

2. The landowner appears to be the one making the complaint & presumably they are the ones who put the covenant in the deeds in the first place, its up to them whether they want the expense of enforcing it or not. This is not normally a problem as once the developer sells all the houses on an estate & moves on to the next site they couldn't care less about enforcing covenants, but in this case it looks like they are there to stay.

3. Their Landrover does not come into it, as they presumably wrote the covenants how do you know that their deeds have the same covenants as yours?

4. If there is an adopted road without parking restrictions outside your house, park it there, or better still park it right outside their house - they might then prefer it if you parked it on your own property.

5. Why not just ignore them? they will need to spend a fair bit of money to get this to court & as far as I know their costs are not recoverable against you, if you loose you've lost your parking space, nothing else. If you have legal expenses cover on an insurance policy you may well be able to defend an action against you at the insurers expense.

 

[johnv]

point 5 would seem to be at odds with your opening line?
(I agree with pt. 5 btw)

My cul-de-sac has covenants in place for vans, boats, campervans, sheds and even fences in the front gardens. All of these are ignored.

 

[sidepod]

Don't live on an estate?

 

[Freeley]

They put this in the covenant for all housing developments - certainly it was for our last 2 houses. We ignored it and I've got a work van and a california, never had any issues

 

[MattBW]

Our estate has a non-caravans one but I still look out of my window at a neighbours caravan for 48 weeks of the year.

 

[Jack Burns II]

I would seek proper advice as this could get expensive very quickly:

1. You've stated there is a covenant in place - the exact wording needs examining, does it say no motorhomes / camper vans or just no vans or commercial vehicles - then the argument is whether the Cali is a vehicle of the type thats not allowed.

2. The landowner appears to be the one making the complaint & presumably they are the ones who put the covenant in the deeds in the first place, its up to them whether they want the expense of enforcing it or not. This is not normally a problem as once the developer sells all the houses on an estate & moves on to the next site they couldn't care less about enforcing covenants, but in this case it looks like they are there to stay.

3. Their Landrover does not come into it, as they presumably wrote the covenants how do you know that their deeds have the same covenants as yours?

4. If there is an adopted road without parking restrictions outside your house, park it there, or better still park it right outside their house - they might then prefer it if you parked it on your own property.

5. Why not just ignore them? they will need to spend a fair bit of money to get this to court & as far as I know their costs are not recoverable against you, if you loose you've lost your parking space, nothing else. If you have legal expenses cover on an insurance policy you may well be able to defend an action against you at the insurers expense.

I think it says motorhomes and caravans with permission but not campervans and of course it is taxed as a diesel car but body type is motor caravan which is a bit confusing. We live on a private road so we must park it on our driveway which has ample room. Thank you

 

[Jack Burns II]

Hi, we had the same problem on our developement where there was a covenant in the deeds, we seeked legal advice and our lawyer told us to just ignore it. To enforce the covenant would mean the developer would need to take me to court which could work out very expensive as it is a civil matter. I did as advised and did not hear anything else.

Will ask our solicitor when we see them

 

[Jack Burns II]

If you cross the seven bridge in a 10 meter motorhome provided it has rear seats it is charged as a car. It is classed as a car. If it was a commercial vehicle I could understand it. Someone is being too full of their own importance. I would advise them of this warn them that you will fight it with a vigour the like of which they have never seen. Failing that tell them you are Welsh Lesbian.... That should do the trick

Exactly it is a car!