No access to parking space as developers still building - what can I do?

clairey22

Hi,

I bought a new build house 9 months ago. It came with 2 spaces (they cost 4.5K to buy although mine came with the house). I have the land registry plans to prove they are my property. There is one space outside the house and the other is round the corner from my house.

The 2nd space is currently inaccessible as it is behind a giant hoarding/wall that the developers have put in place as they are building flats behind it.

People have been tending to park where they like and due to an issue where a fire engine could not get to a house, the management company have put up signs and are now clamping people who are not parked in a proper space. I agree with the clamping (as sometimes people are parking in stupid places and blocking junctions and fire engines! etc).

However, I am getting fed up of not having access to my other space and am worried that my visitors/other car will end up being clamped (£130 charge).

I have asked for the space to be made available but so far this has not happened or a temporary space provided (as they don't have any spare ones).

So what should I do?

Also Is there any way I can charge the developer rent for not making my space available to me for 9 months? or ask them to compensate me for the inconvenience? I

Thanks
Claire

princeofpounds

Hi there,

I'm not knowledgeable enough to help you directly with this one, but I'd really recommend you ask this question on the landlordzone forums. You'll probably get some sensible answers here but there are a couple of lawyers who post there and will be able to give you pretty good advice with a legal basis.

I think your first step is to make sure you know your deeds properly. I'm assuming that you own the property freehold and not leasehold? It may make a difference as to how you proceed. But it looks like you've at least checked on the plans.

Broadly speaking, if it's your property and they are trepassing (or even 'stealing' it for a period) I'm sure a lawyer's letter pointing out the problem would get it solved quickly. You just need to find one who can tell you the right grounds to push on.

clairey22

Thanks I will also post on the landlordzone forums. Yes it is freehold and I have copies of the plans from the land registry to show that we own it. I have three land registry reference numbers I think (will check when I get home) one for the house and one for each of the spaces.

Thanks
Claire

chickmug

It could be that the directors of the dev company do not realise and it is the fault of the site workman/manager. Why not call their HO and give them a chance to resolve.

poppysarah

Speak to whoever is in charge of the site. You need to get access to your parkign spaces now.

clairey22

chickmug wrote: »

It could be that the directors of the dev company do not realise and it is the fault of the site workman/manager. Why not call their HO and give them a chance to resolve.

Hi thanks PoppySarah and Chickmug, the Customer Care manager is aware as I have spoken to her on several occasions asking her when it will be moved and she has said it will be when the flats are finished (whenever that will be!) as they cannot for safety reasons take the hoarding down while they are half built. Maybe I should write to someone higher up at the company.

There are other people affected by this (including my neighbours) so I will discuss with them to see if they have complained to the developers yet.

Thanks
Claire

socrates

As you are being inconvenienced there is one thing that speaks many languages - money!

Perhaps they can give you back your money that actually paid for the space until you can use it. Or they can give you some compensation, or negotiate a discount on future service charges.

A polite letter before proceedings sometimes helps

poppysarah

Compensation is due - if you have nowhere to park your car because it'll get clamped ask them to pay for the fees you incur - or to pay for nearby parking (if there is any)
Otherwise - what's it worth? £2 a week a space? £5? £10?

Imp

Surely they are trespassing on your land if it is genuinely your land.

usignuolo

If you legally own the land concerned, and have not given permission for the builders to cross it to access their site (this is called a wayleave) then they are there illegally and you can send them a solicitors letter and ask them to leave, or come to a financial arrangement about the use of your land while building takes place.