Woman faces court battle with council for parking on her own driveway

A woman is locked in a "pathetic" legal tussle with the council for parking on her own driveway and refusing to remove floodlights. Jenny Cummings is facing court action after defying a council order at her home in St Brides Wentlooge, situated between Cardiff and Newport.

The 44-year-old, who resides at Grey House Farm with her family, has slammed the enforcement order as "pathetic."

Jenny and her husband, along with two of their children, settled into the property with three acres of farmland in February 2021. After initiating renovations and an extension on their house, a neighbourly dispute erupted, leading to multiple complaints to Newport City Council.

Jenny recounted that "when we first moved in we wanted to renovate and put an extension," adding that despite having all necessary approvals, they faced issues after moving in three years ago due to neighbour reports to the council.

The conflict has since intensified, resulting in Jenny and her spouse receiving an enforcement notice from Newport City Council. The order demands they cease parking vehicles associated with their vehicle recovery business on their own driveway, reports Wales Online.

Jenny has hit back at the council's claims that they are running a vehicle recovery firm from their home, insisting it's not the case. "We generally park two vehicles - sometimes a truck, sometimes a van - from the recovery company," she explained.

"They are the size of vans, not huge HGVs, which we would actually have room for [in our driveway]."

She also addressed the issue of late-night work: "We've been told it is because my husband goes out at all hours of night. Now and again there might be a job that comes in between 7 and 7am, but it is only my husband and son running it so there aren't many of those jobs."

The family rents a commercial unit nearby and moved to their current location to be closer to it. Jenny said, "We rent a commercial unit down the road and actually moved here to be closer to the unit, where we have trucks etc. The council say they think we are running a business. We have tried to explain to them we aren't and just park the vehicles here sometimes - does a plumber not take his car home if he gets an emergency job?"

Furthermore, Jenny revealed they've been instructed to dismantle small floodlights illuminating an area where apple trees stand, a move she deems "stupid" as it could lead to accidents in the dark. She continued: "But she says taking down the lights would be 'stupid' and could result in people tripping on fallen apples in the dark or in the winter."

Lastly, the council has demanded the removal of a CCTV camera installed after vandalism occurred, the relocation of a small storage cabin, and the repositioning of an unused children's swing. Jenny noted: "They have also been told to take down a single CCTV camera, which she installed after her home was vandalised, due to privacy concerns, to remove a small storage cabin in the corner of their land, and to move an unused children's swing to another area of the property."

Insisting on their innocence, Jenny reveals they have not adhered to the notice because the council has failed to provide any proof of them operating a business from their residence. She said: "We don't believe we are doing anything wrong. We aren't running a business, the camera is there for protection, that cabin is tucked away in a corner and not harming anyone. We think it's stupid to take the floodlights down."

Due to their non-compliance with the council's notice, the couple is expected in court on May 23 which could lead to prosecution. Despite this looming threat, Jenny defiantly states that they will not be complying.

While an appeal against the notice could have been lodged, she admitted that she had not pursued it as her grandson had just been born and it "wasn't a top priority," adding with disdain: "In our minds it is pathetic."

The potential financial penalties remain unclear to Jenny but she recognises there's little alternative other than facing the charges in court. She discloses: "I think the only option is to turn up in court. I've spoken to a solicitor who is going to arrange a meeting. As far as I was concerned I am not doing anything wrong."

"We'll definitely be fined. We don't know how much. I suppose if we go to court and they find us guilty, I worry what will happen. My husband would still park on his drive - would we still go to prison then? Would it go that far? ".

Jenny lamented the situation, pointing out that their road is already noisy due to heavy trucks rumbling past from early morning: "We have a yard down the road but to jump in the car and go down there in his oily clothes doesn't make sense."

She highlighted the existing noise issues, saying, "On this road, you've got these trucks taking rubbish down to recycling from 6am and our house shakes because of it, but we are used to it. The sound our vehicles make is the exact same as a car would be."

She defended their activities, asserting, "We already have noise in this area and we are not contributing to it. It's already here. I have spoken to other neighbours in our area and they have no problem with anything we are doing."

"It's ridiculous. We are not disrupting neighbours. We have hectic lives. We are in bed at 8pm."

Jenny also shared the toll the ongoing disputes have taken on her health: "I've lost loads of weight, I'm back and forth to the doctor with stomach problems. I asked if it could be stress and they said it could be. I get anxious. My husband is the same. It goes quiet for a while and we forget about it."

"We have sleepless nights about it. It's just constant. We've got other things in our lives that are more important. We have family members who are ill."

She mentioned that despite seeking mediation to prevent further reports to the council, no resolution has been reached.

A spokesperson for Newport City Council revealed: "In September 2021, the council began the process of taking formal enforcement action against an unauthorised commercial use of this site, namely by a breakdown recovery, mobile tyre fitting and vehicle transportation business, as informal routes had not resolved the planning breach."

"The owners were informed they had the right to lodge an appeal against the enforcement notice with the independent inspectorate, Planning and Environment Decisions Wales. No appeal was ever made and the notice is now in effect."

"The notice has not been complied with and, as a result, the council is now taking the next step in seeking to end the continued unauthorised use of the site. The case will be heard by magistrates in May and it would be inappropriate to comment further while legal proceedings are still ongoing."