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  • FIRST POST
    • InYourDogHouse
    • By InYourDogHouse 4th Dec 17, 3:46 PM
    • 1Posts
    • 0Thanks
    InYourDogHouse
    Parking in my private space
    • #1
    • 4th Dec 17, 3:46 PM
    Parking in my private space 4th Dec 17 at 3:46 PM
    I own a Freehold flat in a block of flats. My flat has it's own private parking space. My flat is rented out and my tenant has not been able to park in this space because another flat's tenants are using it.

    I have repeatedly asked the owners of the other flat to request that their tenants do not park in my space but these requests have been ignored. I've now had no option but to install a parking bollard.
    I don't see why I should have to pay for this. The flat owner or their tenants are refusing to pay for it. Do you think I have a legal claim to get them to pay for this. I am planning on taking the flat owners to court. Is this correct?
    Last edited by InYourDogHouse; 04-12-2017 at 3:56 PM. Reason: typo
Page 1
    • Loadsofchildren123
    • By Loadsofchildren123 4th Dec 17, 4:05 PM
    • 1,756 Posts
    • 2,871 Thanks
    Loadsofchildren123
    • #2
    • 4th Dec 17, 4:05 PM
    • #2
    • 4th Dec 17, 4:05 PM
    you could sue them for trespass, but it's the other tenants who are trespassing, not the other owner
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Umkomaas
    • By Umkomaas 4th Dec 17, 4:47 PM
    • 15,938 Posts
    • 24,722 Thanks
    Umkomaas
    • #3
    • 4th Dec 17, 4:47 PM
    • #3
    • 4th Dec 17, 4:47 PM
    Issue the other flat occupiers with a Letter Before Action, it might be enough to warn them off and change their behaviour.

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • IamEmanresu
    • By IamEmanresu 4th Dec 17, 4:57 PM
    • 1,819 Posts
    • 3,211 Thanks
    IamEmanresu
    • #4
    • 4th Dec 17, 4:57 PM
    • #4
    • 4th Dec 17, 4:57 PM
    I am planning on taking the flat owners to court. Is this correct?
    No it's the person parking in the space that can be taken to court. Before you go all "legal" get a series of pics of the car in the space. Then as landowner you can apply to the DVLA for the Keeper's details using the pics you've taken as evidence. You can then send a LBC to the Keeper to see if they will name the driver or take action against the Keeper in the belief they were the driver on the day.

    Or get the names of the tenants and decide who is being a prat, and sue the [named] driver.

    It's not rocket science or even science which is why you have so many village idiots in this business.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Head The Ball
    • By Head The Ball 4th Dec 17, 5:28 PM
    • 2,975 Posts
    • 6,838 Thanks
    Head The Ball
    • #5
    • 4th Dec 17, 5:28 PM
    • #5
    • 4th Dec 17, 5:28 PM
    Have you or your tenant spoken directly to the person or persons who are parking in the wrong space? That isn't clear in your OP.

    It is possible that they are unaware of the situation and a thirty second conversation may solve the problem.
    Who'll remember the ones
    who only rode in them to die
    All their lives are just a smudge
    of smoke against the sky
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