Omega Owners Forum
Chat Area => General Discussion Area => Topic started by: JamesV6CDX on 12 August 2008, 12:52:03
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Despite no noise or mess...neighbour across road at Maria's objects to anything happening to a car engine while it's parked outside Maria's house, and has openly told me he believe's I'm breaking the law.
Have researched this and he is actually correct.
Town and Police clauses act 1847.
States that repairs to a cariage at the roadside, other than in an emergency, is an offence.
Act is in use, and enforcable today.
Therefore I have a problem. Do I continue to repair the car (eg change the headgaskets!) where is is, or do I Get it transported to my home in Cheltenham (at high cost) where I can work on it at my house, off the road?
I think he WILL call the cops if I do a job that major, and for reasons which will be obvious for some, I don't need that right now!!
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Surely it's not a cariage, it isn't pulled by a horse!
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Surely it's not a cariage, it isn't pulled by a horse!
I too thought that - but it does in fact apply to cars.
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You live there, its your car and the repair is deemed necessary by a mechanically competent individual.
So on with the repair.
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carry on as you are,do you think that the cops are going to break of their donut eating/tax collecting just to bust you?dream on mate.
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I would finish the repair, if the Police do turn up you are just repairing it so it can be moved,
Some people really need to get a life >:(
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Mental picture of squad cars' ARV and helicopters bearing down on Maria's house as soon as James picks up a spanner.
Seriously I'd have thought the police have better things to do than harrass you for trying to repair your car.
Worst case apologise and say you didn't know it was against the law can't see plod wanting all the hassle of prosecuting you for that. Anyway what's the fine going to be something rediculous like the princely sum of five shillings.
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James, I changed a head gasket on a Nissan Sunny on the side of the road a couple of years ago. My neighbour walked past and saw the head on the side of the road and called the Police stating the same law you have. The police came, laughed and said "carry on mate, your no bother there" and told the neighbour the same sort of thing.
IMHO don't worry until the police come - it is probably the least enforced law in the book! ;D
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If you read the through this act especially section 28....Just about the only thing you can do on a public highway is breath in and out.
In all probability if he called the poice they would tell him they'll look into it.....and then have another cup of tea!
http://uce2003els.studio400.me.uk/Town_Police_Clauses_Act_1847.PDF
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He is actually right, I know you can't do anything by side of road other tha emergencys (eg wheel change). I am surprised you even attempted any work on the road - even servicing would be out.
Whilst I think police probably won't be that bothered (and hence why I'd normally say just do it), it probably will get recorded, which is obviously a big issue to you.
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If it wasn't for your complication -- I would go with the above -- however, sometimes the police are forced to act on these outdated laws by clever individuals.
I remember, in Worthing, a woman got her coat ruined when a householder threw a bucket of water across the pavement into the gulley. The woman complained to the police, who initially told her "to go away, it's a civil matter". Anyway, she was the sort to push the point and her lawyer discovered this Lord knows how old law saying it was an offence to discharge water across the pavement on certain days ( of which this was one!).
Can't remember the outcome, but the point is a police complaint was lodged against the householder.
That said .... what constitutes "an emergency" ? Maybe a quiet word at the nick might be in order, get in before he does.
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If it can't be moved - well there is the answer.
Go to the Police and tell them what you are doing to the car and what you are doing and I think all will be OK :y
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If it can't be moved - well there is the answer.
Go to the Police and tell them what you are doing to the car and what you are doing and I think all will be OK :y
Im sure if need be, the Police would move it and at great cost too :(
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If it can't be moved - well there is the answer.
Go to the Police and tell them what you are doing to the car and what you are doing and I think all will be OK :y
My own experience if you ask them, is they have to keep to the official line, so they will tell you 'no' :'(
Obviously, if you then subsequently have a complaint raised against you, there may be problems.
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
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I have changed the turbo and rebuilt the carb of a Maestro Turbo outside my house on a busy road (High Street), police couldn't have cared less but I did get a parking ticket when I came inside for a glass of water and to repair the bleeding hands!
I did get some grief from the old bill whilst replacing a broken throttle cable on the side of the M4 (MILES off even the hard shoulder) seriously, I was about 40 ft away from the white line. He made me re-join the M4 on an uphill section with only about 20% throttle available to me. Like I chose to repair it there, I conked out on the hill and thought "this is ridiculous, I have a spare in the boot".
Your neighbour sounds like a right twitcher, I cant imagine mine "dobbing me in" and they are 100% snobs! They wouldn't go out of their way to cause trouble for someone else, I think they realise that if I am sweating over an engine out on the street, that I am doing so by necessity and not by choice :)
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
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This is an emergency repair now, and I am sure that a law enacted in 1847, before the advent of the combustion engine, could not be "reasonable" as classed by the lawyers and therefore cannot be enforced in 2008. :o :o :o
I am sure common sense must prevail, and what makes Maria's neighboughs house sepecial? This act must still cover all / most of GB if it really hasn't been superceeded by later Acts regarding Motor propelled vehicles, and would result in no motorist being able to maintain their motor vehicle outside their own house. That is frankly abursed and totally unreasonable so surely cannot be enforced. :-/ :-/
In addition James are you sure this would still fall within Criminal Law and not Civil Law in 2008? :-/ :-/
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Since when have laws and commen sense ever ran hand in hand, like most have comented carry on regardless,till some busybody who think they are doing their civic duty pokes there nose in ,id diplomaticly tell them "go forth and multiply" and mind their own business :)then diplomacy was never my strong suit. heres a law which has never been repeeled " hanson cab drivers have to carry a bale of straw in their boot "
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If your not causing an obstruction and pouring gallons of oil down pubic drains etc ect i doubt if the police or council would bat an eye lid regardless of future plans.
There's a place that could give you a definitive answer as its run by serving police officers and Jp"s...i"ll see if i can find the site (not used it for a while).
Im sure they would also be able to advise if it could possibly have any impact on something you decided to pursue at a later date.
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This is an emergency repair now, and I am sure that a law enacted in 1847, before the advent of the combustion engine, could not be "reasonable" as classed by the lawyers and therefore cannot be enforced in 2008. :o :o :o
I am sure common sense must prevail, and what makes Maria's neighboughs house sepecial? This act must still cover all / most of GB if it really hasn't been superceeded by later Acts regarding Motor propelled vehicles, and would result in no motorist being able to maintain their motor vehicle outside their own house. That is frankly abursed and totally unreasonable so surely cannot be enforced. :-/ :-/
In addition James are you sure this would still fall within Criminal Law and not Civil Law in 2008? :-/ :-/
Sorry Lizzie, but if there is an Act of Parliament that makes it a crime then it is dealt with by the criminal system. Even a stupid 1847 law like this. The police will only respond to contravention of criminal law.
If your deeds say you can't repair cars on your property (many do) then that would be dealt with by civil law. Police can be involved in civil action, but they usually only go along to keep the peace.
Common law allows people to get redress for actions that aren't covered by the above. People who claim damages for an accident negligently caused do so under common law.
Tort law is the law that would allow James to sue for damage of reputation if his neighbour said something out of order in front of a witness (slander) or wrote and published the same (libel).
Tort law is the one that our admins/mods have to be very careful with, because they can be held responsible for libel posted by any member.
Unfortunately, virtually none of it is based on common sense.
Sorry if this is patronising, but I thought an explanation would help. :y
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
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I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Turn it over - or even start it - with that plug out first (ground the spare ignition lead) as I suspect it'll come out of the plug hole in fairly short order if you do.
Kevin
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I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Turn it over - or even start it - with that plug out first (ground the spare ignition lead) as I suspect it'll come out of the plug hole in fairly short order if you do.
Kevin
Consider it done :y
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
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I try to do most my repairs on the drive, comfier for starters, trouble is the slope on the drive, so ATF top up for example I do on the flat road.
Am aware it's an offence though, just don't expect any of my neighbours to have an issue.
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I try to do most my repairs on the drive, comfier for starters, trouble is the slope on the drive, so ATF top up for example I do on the flat road.
Am aware it's an offence though, just don't expect any of my neighbours to have an issue.
opps em i have changed wishbomes on side of road even talking to police while i work !! :D
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I try to do most my repairs on the drive, comfier for starters, trouble is the slope on the drive, so ATF top up for example I do on the flat road.
Am aware it's an offence though, just don't expect any of my neighbours to have an issue.
opps em i have changed wishbomes on side of road even talking to police while i work !! :D
MOST coppers will use common sense ( especially if they like messing about with cars!). But if a member of the public requests that they uphold a law, they are duty bound to deal --- even if it's only a stern word to the offender (at least while the old git is in earshot) .
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
I had to have Home Office Security Clearance, and Counter Terrorist Clearance. I had to be interviewed myself, but not family. That happens in Developed Vetting, which I suspect is what I will go for next - but I have what I need now to fulfull the role...
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Your clearence level is, of course, Confidential... ;D ;D ;D
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That's another hurdle out of the way ---- Sheesh, it used to be sooo much easier !!
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Your clearence level is, of course, Confidential... ;D ;D ;D
Is it? Wasn't aware, never been told or seen that in writing :-X :-[
Ah well...
HolyCount - that was the last hurdle ;)
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James I invite you to my country..Trust me everybody will become mechanic and try to teach you the job.. ;D
However your neighbour upset me really >:( must be jealous !!
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We pay road tax so surely we have the right to use the road safely whether driving or parking or repairing, road tax wasnt an issue in the 1800`s, Done most jobs on the side of the road and never had a problem even with bad neighbors, got a big drive now so no probs, just a shame other people cant my their own , grumpy F$%&er.
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We pay road tax so surely we have the right to use the road safely whether driving or parking or repairing, road tax wasnt an issue in the 1800`s, Done most jobs on the side of the road and never had a problem even with bad neighbors, got a big drive now so no probs, just a shame other people cant my their own , grumpy F$%&er.
I may be wrong But I dont think you are actually wash your car on the road either.
Like I say, may well be wrong. So if washing the car car is out, then repairs are a definate no-no.
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Your clearence level is, of course, Confidential... ;D ;D ;D
Is it? Wasn't aware, never been told or seen that in writing :-X :-[
Ah well...
HolyCount - that was the last hurdle ;)
That was supposed to be a a joke. I assumed that you were on about clearence under the Official Secrets Act, which I may or may not have signed a long time ago. Soz if I missed the point. :-[
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just a thought re what iirc lizzie(?) was saying about cariages not being internal combustion driven. if your horse that was pulling your cariage picked up an injury you would give it medical attention then and there, regardless of whether or not the horse was capable of carrying on. the equivalent of a horse is the engine, regardless of wether it is capable of carrying on the same principle of making it better should apply. but as has been said many times law and common sense are very very different.
are you on a public highway or is it a private residential area? if it's private then surely it's not classed as a public highway...
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
........ and everyone else involved in your life since you were born! I know someone who had his primary school friends interviewed! ::o
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
........ and everyone else involved in your life since you were born! I know someone who had his primary school friends interviewed! ::o
Only did my folks, I had to get a reasonable level of clearance for a RAF base near me, and certain country residence for (then) Mr Major, and a certain underground bunker not far from High Wycombe....
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
........ and everyone else involved in your life since you were born! I know someone who had his primary school friends interviewed! ::o
Only did my folks, I had to get a reasonable level of clearance for a RAF base near me, and certain country residence for (then) Mr Major, and a certain underground bunker not far from High Wycombe....
Would that be the one, where you wind down the windows and shout BASTARD? ;D
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I am surprised you even attempted any work on the road - even servicing would be out.
My common sense told me that I was unlikely to be taken away in cuffs for changing a plug - which is where I started ;D
Trouble is, in your current situation, I guess you can't even have a complaint against you without consequences....
Having now been awarded my Security Clearance, I would have to be convicted of an offence for it to have any direct bearing on what I'm doing, but - obviously it would be preferable to avoid it in the first place :y
I think I'll just quickly pop the cambelt kit on, take a chance on that bit of rubber, and get it mobile... and do any other bits at home.
Which SC did you have to do - the mickey mouse 4 page form, the medium several page form and a few (2?) refs, or the biggie where they interview your family?
........ and everyone else involved in your life since you were born! I know someone who had his primary school friends interviewed! ::o
Only did my folks, I had to get a reasonable level of clearance for a RAF base near me, and certain country residence for (then) Mr Major, and a certain underground bunker not far from High Wycombe....
Would that be the one, where you wind down the windows and shout BASTARD? ;D
LOL, yes, thats the house ;D
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
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What's this neighbour doing spying on you? Is he some sort of pervert? Maybe it would be worth you calling the police!
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
You were feeling sympathetic today then TB! Has your wii been upsetting you again! ;D
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
You were feeling sympathetic today then TB! Has your wii been upsetting you again! ;D
The schools are out, I sold be able to get to work in 40 mins. No, 3 sets of roadworks/traffic lights in the first 10 miles (and poorly set up as well), Buckingham town centre closed, then 2 accidents in the next 10 miles, the 2nd of which got the abuse. Then, a broken down car a couple of miles further on. Added to that, no idiot wanting to drive above 40mph.
The milk of human kindness had run dry after an hour, and it took me 1hr20 to get in (thats marginally worse than when the stupid parents have to drive their bloody kids to school) >:(
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
You were feeling sympathetic today then TB! Has your wii been upsetting you again! ;D
The schools are out, I sold be able to get to work in 40 mins. No, 3 sets of roadworks/traffic lights in the first 10 miles (and poorly set up as well), Buckingham town centre closed, then 2 accidents in the next 10 miles, the 2nd of which got the abuse. Then, a broken down car a couple of miles further on. Added to that, no thingy wanting to drive above 40mph.
The milk of human kindness had run dry after an hour, and it took me 1hr20 to get in (thats marginally worse than when the stupid parents have to drive their bloody kids to school) >:(
but you don't ever partake in the milk of human kindness! You are just a grumpy old man! as reinforced by your wii!!! ;D ;D
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
You were feeling sympathetic today then TB! Has your wii been upsetting you again! ;D
The schools are out, I sold be able to get to work in 40 mins. No, 3 sets of roadworks/traffic lights in the first 10 miles (and poorly set up as well), Buckingham town centre closed, then 2 accidents in the next 10 miles, the 2nd of which got the abuse. Then, a broken down car a couple of miles further on. Added to that, no thingy wanting to drive above 40mph.
The milk of human kindness had run dry after an hour, and it took me 1hr20 to get in (thats marginally worse than when the stupid parents have to drive their bloody kids to school) >:(
but you don't ever partake in the milk of human kindness! You are just a grumpy old man! as reinforced by your wii!!! ;D ;D
I'm happier with the Wii today, I'm only 37 now, though weight gone up (might have been the saus,egg,chips and beans at Mister Teas cafe at lunchtime ::))
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Talking with opening the window and shouting, I had a stressful journey to work today, what with roadworks, Buckingham centre being closed (must be the Fair season), and accidents.
One particular accident, as they were loading his car on recovery truck, I did have to open the window and shout "I hope that &*^*s up your insurance, t0$$*&"....
You were feeling sympathetic today then TB! Has your wii been upsetting you again! ;D
The schools are out, I sold be able to get to work in 40 mins. No, 3 sets of roadworks/traffic lights in the first 10 miles (and poorly set up as well), Buckingham town centre closed, then 2 accidents in the next 10 miles, the 2nd of which got the abuse. Then, a broken down car a couple of miles further on. Added to that, no thingy wanting to drive above 40mph.
The milk of human kindness had run dry after an hour, and it took me 1hr20 to get in (thats marginally worse than when the stupid parents have to drive their bloody kids to school) >:(
but you don't ever partake in the milk of human kindness! You are just a grumpy old man! as reinforced by your wii!!! ;D ;D
I'm happier with the Wii today, I'm only 37 now, though weight gone up (might have been the saus,egg,chips and beans at Mister Teas cafe at lunchtime ::))
ok, so you got someone else to do it for you! i have been told that the best age you can score is 25, so best give up hope of having the body of a teenager!!! ;D
bet i will end up with an age of 93!! ::)
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I have been following the thread about James problem with the neighbour with interest/amusement and the "meaning of the law" and the technical issues. From all that has been said on the matter does this mean that the AA, RAC, Green flag, etc etc, are charging for a service ( roadside assistance, homestart etc,) which is technically against the law? :-/ ::)
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I have been following the thread about James problem with the neighbour with interest/amusement and the "meaning of the law" and the technical issues. From all that has been said on the matter does this mean that the AA, RAC, Green flag, etc etc, are charging for a service ( roadside assistance, homestart etc,) which is technically against the law? :-/ ::)
AA etc would be there in an emergency...
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I have been following the thread about James problem with the neighbour with interest/amusement and the "meaning of the law" and the technical issues. From all that has been said on the matter does this mean that the AA, RAC, Green flag, etc etc, are charging for a service ( roadside assistance, homestart etc,) which is technically against the law? :-/ ::)
AA etc would be there in an emergency...
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Of course I would 8-)
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
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Old git + Shovel to back of head = No problems
Until the old bill want to have a word, but then, if the car is fixed, you got a getaway! :D
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
I am as reasonable as they come and I have tried every amicable tactic in the book, but this chap does nothing but walk up and down the road turning his nose up at everyone and everything.
I've tried that approach - it failed. Therefore I now just completely ignore him. It's once in a blue moon that I do anything here. I never make a mess or a noise so he can get over it.
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
I am as reasonable as they come and I have tried every amicable tactic in the book, but this chap does nothing but walk up and down the road turning his nose up at everyone and everything.
I've tried that approach - it failed. Therefore I now just completely ignore him. It's once in a blue moon that I do anything here. I never make a mess or a noise so he can get over it.
There's always one in every street >:(
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Old git + Shovel to back of head = No problems
Until the old bill want to have a word, but then, if the car is fixed, you got a getaway! :D
You can get a corpse plus a shovel in the back of an Omega (saloon best though) so short drive to the woods and job done. :y
Kevin
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
I am as reasonable as they come and I have tried every amicable tactic in the book, but this chap does nothing but walk up and down the road turning his nose up at everyone and everything.
I've tried that approach - it failed. Therefore I now just completely ignore him. It's once in a blue moon that I do anything here. I never make a mess or a noise so he can get over it.
There's always one in every street >:(
Yep. It's me in my road :y
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
I am as reasonable as they come and I have tried every amicable tactic in the book, but this chap does nothing but walk up and down the road turning his nose up at everyone and everything.
I've tried that approach - it failed. Therefore I now just completely ignore him. It's once in a blue moon that I do anything here. I never make a mess or a noise so he can get over it.
There's always one in every street >:(
Yep. It's me in my road :y
Go and play up your own end then ;D
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Am I missing something here!?! Instead of pissing the old git off why not try and sweeten him up a bit?
I know it's none of his business but why not have a quick word explaining that the repairs are necessary to make it roadworthy and your lack of time for garages etc means would be best if you could complete repairs there and then. Can't be a total loser surely!....or why not drop a bottle of wine or box of tea round thanking him for his patience, bit of courtesy never did anybody any harm, costs nothing, you don't want to start long term feuds and after all, it's maria that has to live there!
I am as reasonable as they come and I have tried every amicable tactic in the book, but this chap does nothing but walk up and down the road turning his nose up at everyone and everything.
I've tried that approach - it failed. Therefore I now just completely ignore him. It's once in a blue moon that I do anything here. I never make a mess or a noise so he can get over it.
There's always one in every street >:(
Yep. It's me in my road :y
On ASTRA Patrol with notepad. ;D ;D ;D ;D ;D ;D ;D :y
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Young boys tinkering with clapped out, obsolete old bangers! That would never do. ;D
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Maybe you were not smart enough.
I reckon you should do your next spanner wielding session in your new attire rather than overalls, James. See if that changes his tune.. ;D
Kevin
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Maybe you were not smart enough.
I reckon you should do your next spanner wielding session in your new attire rather than overalls, James. See if that changes his tune.. ;D
Kevin
;D ;D
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New attire?
You are not doing strip-o-grams now are you?
;D :y
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New attire?
You are not doing strip-o-grams now are you?
;D :y
I hope he dont or he wouldn't get no work done ::)
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This is an emergency repair now, and I am sure that a law enacted in 1847, before the advent of the combustion engine, could not be "reasonable" as classed by the lawyers and therefore cannot be enforced in 2008. :o :o :o
I am sure common sense must prevail, and what makes Maria's neighboughs house sepecial? This act must still cover all / most of GB if it really hasn't been superceeded by later Acts regarding Motor propelled vehicles, and would result in no motorist being able to maintain their motor vehicle outside their own house. That is frankly abursed and totally unreasonable so surely cannot be enforced. :-/ :-/
In addition James are you sure this would still fall within Criminal Law and not Civil Law in 2008? :-/ :-/
Sorry Lizzie, but if there is an Act of Parliament that makes it a crime then it is dealt with by the criminal system. Even a stupid 1847 law like this. The police will only respond to contravention of criminal law.
If your deeds say you can't repair cars on your property (many do) then that would be dealt with by civil law. Police can be involved in civil action, but they usually only go along to keep the peace.
Common law allows people to get redress for actions that aren't covered by the above. People who claim damages for an accident negligently caused do so under common law.
Tort law is the law that would allow James to sue for damage of reputation if his neighbour said something out of order in front of a witness (slander) or wrote and published the same (libel).
Tort law is the one that our admins/mods have to be very careful with, because they can be held responsible for libel posted by any member.
Unfortunately, virtually none of it is based on common sense.
Sorry if this is patronising, but I thought an explanation would help. :y
Just caught up with this thread Bandit, and yes thanks for the in-depth explanation! :y The one point I would make is that deeds can stipulate vaious limitations such as no caravans being parked on the drive; no errection of roof top aerials or satelite dishes; no front garden fences etc., but once the developer has ceased to have an active interest in the property, those restrictions are frequently ignored and would, in my experience of such situations, be difficult to challenge in a civil court. (Yes, and I do know the difference between criminal and civil law) :y
Back to the main point;
I have been studying the Town Police Clauses Act 1847
http://www.opsi.gov.uk/acts/acts1847/pdf/ukpga_18470089_en.pdf
, and in particular Clause XXVIII that James first referred to.
As I originally stated this particular clause relates to horses, carts and carriages, being written well before the internal combustion motor vehicle was thought of, so I still fail to see how it can be related to in a court of law in 2008 in the context of such vehicles. It may be that the law has not been rescinded / abolished, but it can be clearly argued when you read the full extract of the clause that it refers to horse driven vehicles only and can only be applied to that degree.
The Collins English Dictionary & Thesaurus (2006) Glasgow: HarperCollins Publishers defines "carriage" as:
1. A railway coach for passengers; 2. The manner in which a person holds and moves his head and body; 3. A four-wheeled horse-drawn vehicle for persons
This then instinctively would be the first line of defence over any suggestion that the 1847 Act can possibly relate to a 2008 motor "vehicle", which indeed has very obviously no mention in the aforestated Act.
As a matter of interest there are many laws, such as not riding a bicycle on a pavement, or riding it at night without lights, or using an old ex-police car with exposed lights and markings still in place, which I have personally witnessed being ignored by the average police constable who has many more pressing matters (and paperwork!) to deal with on the streets in 2008 than an archaic law that dates from 1847 and relates clearly to horse drawn vehicles. ;)
Obviously if a member of the public makes a complaint, then the Police are duty bound to investigate. However, as already stated this particular Act has no direct bearing on motor vehicles, and it is unlikely to overcoming the hurdle of the CPS, who frequently decide not to prosecute when the the legal facts are of greater clarity, due often to "not being in the public interest". With hundreds of thousands regularly working on their cars in the street, along with the clear meaning of the 1847 Act, I am sure this would be their response. 8-) 8-) British Law works in anycase on "precedent", combined with "reasonableness" and I feel sure these would also be significant factors in any decision process, especially if no prosecutions exist, even perhaps for horse-drawn carriage repair since the advent of the motor vehicle, then there would be no case to answer. 8-)
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Well it's all back together and I've escaped custody so far :D
It'll just be my luck to get knobbled taking the battery off to charge it, but that is undisputably an emergency repair! (I'm not calling out the AA for a flat battery, whether I'm away from home or not...!)
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In this months Practical Classics
(http://www.practicalclassics.co.uk/images/issues_thumbnails/72sep08cover.jpg)
there's a question that could've been written by you JamesV6CDX. You're not breaking the law mate and you can tell the cantakerous old f4rt where to go .... ;D
Quote
[size=16]Q[/size] My car's head gasket has blown. I've got the tools, the parts and the skills to do the job. The only thing I haven't igot is a driveway to do it on. Can I work in the street where I park my car without getting grief from my fight-prone neighbours?
[size=16]A[/size] The law is on your side. The Clean Neighbourhoods and Environment Act of 2005 allows you to work on a vehicle at the side of the road as long as you're not doing the work for 'gain or reward'. It's also good to know that you can't be penalised for working on a genuine breakdown where 'repairs on the spot or elsewhere on the road are necessary' even if someone starts complaining. Breakdown repairs have to be completed within 72 hours of the initial fault or within a pre-arranged time frame agreed with the loacl authority.
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I've heard of laws regarding working on vehicles on a public highway, but given the Practical Classics post, who knows?
The plot thickens.....
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I've heard of laws regarding working on vehicles on a public highway, but given the Practical Classics post, who knows?
The plot thickens.....
PC's answer is somewhat simplified.
4 Repairing vehicles on a road (1) A person who carries out restricted works on a motor vehicle on a road is guilty of an offence, subject as follows.
(2) For the purposes of this section “restricted works” means—
(a) works for the repair, maintenance, servicing, improvement or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle;
(b) works for the installation, replacement or renewal of any such part or accessory.
(3) A person is not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works were not carried out—
(a) in the course of, or for the purposes of, a business of carrying out restricted works; or
(b) for gain or reward.
(4) Subsection (3) does not apply where the carrying out of the works gave reasonable cause for annoyance to persons in the vicinity.
(5) A person is also not to be convicted of an offence under this section in relation to any works if he proves to the satisfaction of the court that the works carried out were works of repair which—
(a) arose from an accident or breakdown in circumstances where repairs on the spot or elsewhere on the road were necessary; and
(b) were carried out within 72 hours of the accident or breakdown or were within that period authorised to be carried out at a later time by the local authority for the area.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(7) In this section—
“motor vehicle” has the same meaning as in the Refuse Disposal (Amenity) Act 1978;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“local authority” has the meaning given in section
http://www.opsi.gov.uk/acts/acts2005/ukpga_20050016_en_3#pt2-pb1-l1g4