Can they tow me from council/"private" land?

hm671

I've received a notice from my freeholder they want the residents car park cleared for one day of non-essential/non-urgent works. It so happens the freeholder is the local council, despite all the properties now being privately owned. They've provided less than a weeks notice and it doesn't give me enough time to apply for the relevant permit to park my vehicle on the street so I have written back to them and advised I will be unable to move it. They've acknowledged the letter but not responded to it and the works happen tomorrow.

I own the property and the lease gives me right of access and use of the car park. There are the usual clauses regarding granting access to the freeholder from time to time, but nothing specifically mentioning closing the car park. There is also no Traffic Management Order or notices regarding private ticketing as there is a lockable gate protecting it from unauthorised parking.

Am I right in thinking, regardless of the freeholder being the local council, they have no legal right to tow my car unless they put notice on it for a reasonable time (i hear 14days a lot) beforehand the same way they would treat it as if it was abandoned? I have already advised them I will be unable to move as doing so would get me a parking ticket on the street outside.

Coupon-mad

They might be able (lawfully) to move it on 'skates':

http://www.sgs-engineering.com/garage-equipment/wheel-dollies

but only within the car park if they have to, in order to get access to where they need to work. Can you park it in a place which will not obstruct where you know they will be working? Leave a note on it with your phone number as well, stating that the car has not been abandoned and that your email/letter dated xx/xx/16 (which the Council have acknowledged) refers.

There is also no Traffic Management Order or notices regarding private ticketing as there is a lockable gate protecting it from unauthorised parking.

Then they have zero grounds to tow it away. Nada, zilch.

hm671

Basically they want to remove all the rising bollards from each individual space and change it to a first come first served system as there are 10 spaces and 14 properties and just rely on the lockable main gate. Hence the car park would need all spaces cleared for the works, as they drop down below the vehicle when parked.

They know it's my car and have my contact details as we have been fighting this stupid and mindless change for months. I have a feeling a number of other residents won't be moving either as they are in the same situation as me and would get ticketed if parked on the street.

Coupon-Mad thank you for allaying my main concern that they cannot tow it. I have taken photos of it with a date/time stamp in case they do any damage to my car.

Coupon-mad

Perfect. I would also have taken photos and yep, I bet you are not the only one.

I take it they are not reducing the parking bays available to you, by this change? And not looking to introduce some scumbag parking firm? They can't reduce the parking availability (or suddenly charge for it) when you own the property and the lease specifically gives you right of access and use of the car park. Not without an agreed amendment to the lease.

Read this:

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

...case law protects you against derogation of grant = interference with rights under a lease.

hm671

As far as I know they are not reducing spaces. The lease allows for use of the car park but not a specific space. Previously there has been an "informal" arrangement not in the lease where the freeholder assigned spaces to each flat on a waiting list basis, and when a flat was sold/new council tenant it was re-allocated. My neighbour says its been like this for over 20yrs, and my family have owned and had one member or another of us living here for the last ten.

Basically i think there is possibly one council tenant left out of 14 flats who has complained, and the council state they have had a policy change across the county a number of years back. So they are just trying to shut their tenant up and to hell with everyone else who has waited in turn for years.

They plan to consult on a TMO, but have confirmed they won't charge for it. It basically means I'm no longer guaranteed of a space - but I don't know if I can claim the council/freeholder will be in breach of the agreement in terms of "access and use of the facilities" on the basis there are no spaces available on a particular occasion.

Coupon-mad

Are they actually taking away a demised bay that you had assigned to you? Sounds like a possible derogation of grant under your lease, but I'm only an 'armchair lawyer' (no expert).

Your neighbour has the possibility of saying they have an 'easement by prescription' because they've been there over 20 years. Has their demised bay been swiped from them by this change?

Sounds like the residents might want to seek legal advice together.

hm671

The individual bays are not included in our or any other owners demise unfortunately, hence we have been pretty powerless to stop the council forcing this through.

Those who have been here more than 20years have tried that argument but were met with that they cannot gain adverse possession of the land due to continuous occupation as they were on it with the owners permission.

The only thing left I can think of, which i mentioned previously, is the loss of "access and use of the facilities" on the basis there are no spaces available.

I have some limited free legal cover so will have to see what happens on the day of the works this week and then get some advice. Thanks for your help.