Private Parking Space Rights

[Slink_Pink]

All,

I am fortunate enough to have two, marked, private parking spaces with the flat that I live. However, over the past 24 hours there has been one (or two very similar) cars parked in one of the spaces. Although we don't require use of the second space often, it still belongs to us. The question is - what are my rights? I know that I cannot in any way touch/damage the offending vehicle or make it dangerous for the person returning to the car (assuming they do). All suggestions welcome (the quicker the better!)

For background info: I live in a leasehold flat. The spaces are marked with a coding system, rather than flat numbers (for security reasons), however it is not difficult to de-code! The spaces are in parallel (i.e. long sides together) and I have two adjacent ones. Any other Q's, please let me know.

[stephenperry]

try asking on www.traffic-answers.com they might be able to have a definitive answer for you but afaik if is on street parking noone has any "rights" to a space, being the Queens Highway an' all

If someone parks outside your house, blocks your drive or occupies your "usual" space there's little you can do about it - unfortunate but i believe it to be true unless anyone would like to confirm or deny?

[vonhosen]

You need to speak to the managing agents I'd imagine.

[7db]

I park in a similar garage -- there are clear signs offering to clamp offenders. Without this sort of thing there's not a lot you can do. Again - speak to the managing agents. With the payment you make for the right to use the space, there should be some safeguard that makes it available. A polite note on the offenders windscreen might go a long way as they may not realise that they shouldn't be there.

[Slink_Pink]

When I say 'leasehold', I (well my wife and I) do own the house - it is not rented. Although someone somewhere holds the lease, I'm not sure what kind of active involvement they have. I am also currently unsure what alterations I can make to the space itself, i.e. can I fit a bollard? This is something that I shall be investigating.

It is not directly outside the door of the block, so parking there does not in any way restrict access (except for me to that space!) It is not part of the public highway, therefore I believe that the council cannot remove the car (e.g. if it was abandoned). I may enquire with the local police as to my rights, but do not wish to waste their time on a very trivial (but f king annoying) matter.

Incidentally, the vehicle has now departed, but as I am home un-usually early, I suspect that this may be a regular occurance throughout the day.

[James]

If the land is on your deeds, I would put in one of those folding metal poles. If it is your land you can do anything to it, if you lease the land you can do nothing to it. You can also do nothing to any car that parks there though. Only if is causing an obstruction to the highway can you call the local sheriff departmant, and even then you may be waiting a long time for someone just to pop round and ticket the vehicle. Some police forces will argue that it is private land and therefore not a police matter. And as you have said, trying to find out who owns the land that you lease is a nightmare. I know as I have lived in 3 flats with allocated parking. I am not ashamed to say that I have parked my car in others spaces before knowing how safe I am. Even if there is a white number painted in the space referring to the number flat, you still can't actually do anything about someone using your space. (Unless you doube park and block them in, but then you are the obstructer).

These sorts of disputes are like neighbour disputes, squatter's rights and noise nuisance. They are amongst the most griefiest, long-winded and complicated legislation that any police force or official will "put off" or "pass the buck" in order to not have to deal with it. Civil Law is often a policemans worst enemy, and your local council can often be the citizens worst enemy.

[stephenperry]

a guy round here painted his own double yellow lines on the road outside his door because, although he didn't own a car himself, he was fed up of people parking outside

he got done for it

[James]

Criminal Damage?

[stephenperry]

i can't remember the charge, but it was something to do with the council, it was in the local newspaper years ago

[Slink_Pink]

Thanks for the advice folks.

James you are correct. The local constabulary have said that they have no powers since it is private property. They suggested that we find and ask the freeholder what we may do to defend our space.

Just to keep you updated (look at the times of my posts!) There is now another (3rd) unknown car parked there! To park while I'm out is one thing, but doing it while I'm in - that takes some brass neck!

Oh well, I have temporarily blocked them in. Not sure if this is entirely legal, but is somewhat satisfying! My other small tackle against them is public shame - the offenders are:

3326MK (I bet that was an expensive plate!)

and

KG55WVF (good luck getting out!)

Come to think of it, maybe there's a website opportunity for this....

[stephenperry]

www.betterparkingplease.com ?

careful, that grey people carrier might be loaded up with the local rugby team

[SammyTheSnake]

If a polite notice under the windscreen wiper doesn't work, try one that looks like a bunch of official legal mumbo-jumbo and amounts to "Thanks for the gift of this rather nice car, I'll return it to you when I can no longer get any use out of it due to excessive practicing of clutchless gearchanges"

Also, if it is your land, you presumably have the right to put up a clamping notice and follow it up...

Cheers & God bless
Sam "SammyTheSnake" Penny

[stephenperry]

http://www.parkingcontrol.co.uk/shop_cl ... EQod2yNUHQ

just make sure the rugby team don't catch you at it

[James]

Thanks for the advice folks.

James you are correct. The local constabulary have said that they have no powers since it is private property. They suggested that we find and ask the freeholder what we may do to defend our space.

Just to keep you updated (look at the times of my posts!) There is now another (3rd) unknown car parked there! To park while I'm out is one thing, but doing it while I'm in - that takes some brass neck!

Oh well, I have temporarily blocked them in. Not sure if this is entirely legal, but is somewhat satisfying! My other small tackle against them is public shame - the offenders are:

3326MK (I bet that was an expensive plate!)

and

KG55WVF (good luck getting out!)

Come to think of it, maybe there's a website opportunity for this....

(Frowns and smiles, waving hand from left to right on a horizontal axis)

It is not illegal, but, al depends on how long, manner of blocking etc. At the end of the day he is in your parking space and so you have a "sort of" right to park behind/next to hom e.t.c.

However, you are then obstructing him. If old bill happened to be passing, and happened to be waved down by him, and happened to be of the opinion that you are worthy of a ticket (or worse removal) then don't forget that they WONT know who's parking space it is nor the circumstances. Be careful out there!

[jont]

Oh well, I have temporarily blocked them in. Not sure if this is entirely legal, but is somewhat satisfying!

I'd be slightly careful of doing anything deliberately like that - disputes can get nasty (fancy finding your car keyed or tyres slashed?). Surely a polite note would be a better start - as others have said, they might not realise. Even better if you catch them arriving or leaving and can have a gentle word. If that doesn't work then legal (or other) measures may be necessary, but solving things amicably would be much better.

Jon