Ongoing parking dispute

wood84

I own a flat, and a share of the freehold in a property where there are 8 flats in one converted Victorian building. Behind the flats are two houses that were built after demolishing garages. On the deeds, the houses have a driveway each large enough to fit two cars, they don't own the freehold for the remaining land, this is owned by the owners of the flats. They have access to their houses via our land and a private driveway that is shared by two other large Victorian houses. Each flat has one allocated parking space and there is land for a turning space. The person who owns both of the new houses also owns a large Victorian house around the back. There is a shared private driveway for access to the flats, the houses around the back and two other properties. The owner of the two houses and another separate property has been very petty over the last 2 years, if a car is parked on the shared driveway (which he does not own outright) he will put notes on it, he has also had cars towed. 6 months ago I obtained permission to use a parking space used by another flat as the owners do not live there, it is their summer Home. The man who owns the two houses had been using the space without permission for one of his many cars. After parking there for one day my tyres were slashed and one of his notes was left on my car. The police were called and he denied all, but everybody knows it was him. As one of his two houses behind ours is a holiday let, there are often two or more cars there. Although there is space for two cars on the driveway, he has now given his tenants permission to park on our land, blocking our access to our seating and barbecue area - his tenants have also been using this without permission. I have tried knocking on the door to ask them to move, but they have shown me a copy of their "welcome" booklet, which states that they can park there and that they can use the "communal" barbecue and seating area. The owners of the freehold have had a meeting and decided that this should not continue, we have had our solicitor write a letter to him, but this has not stopped. How else can we deal with this?

ACG

What does the solicitor advise?

(Paragraphs help with the reading btw).

Comms69

wood84 wrote: »

I own a flat, and a share of the freehold in a property where there are 8 flats in one converted Victorian building. Behind the flats are two houses that were built after demolishing garages. On the deeds, the houses have a driveway each large enough to fit two cars, they don't own the freehold for the remaining land, this is owned by the owners of the flats. They have access to their houses via our land and a private driveway that is shared by two other large Victorian houses. Each flat has one allocated parking space and there is land for a turning space. The person who owns both of the new houses also owns a large Victorian house around the back. There is a shared private driveway for access to the flats, the houses around the back and two other properties. The owner of the two houses and another separate property has been very petty over the last 2 years, if a car is parked on the shared driveway (which he does not own outright) he will put notes on it, he has also had cars towed. - How has he managed that? 6 months ago I obtained permission to use a parking space used by another flat as the owners do not live there, it is their summer Home. The man who owns the two houses had been using the space without permission for one of his many cars. After parking there for one day my tyres were slashed and one of his notes was left on my car. The police were called and he denied all, but everybody knows it was him. As one of his two houses behind ours is a holiday let, there are often two or more cars there. Although there is space for two cars on the driveway, he has now given his tenants permission to park on our land, blocking our access to our seating and barbecue area - his tenants have also been using this without permission. I have tried knocking on the door to ask them to move, but they have shown me a copy of their "welcome" booklet, which states that they can park there and that they can use the "communal" barbecue and seating area. The owners of the freehold have had a meeting and decided that this should not continue, we have had our solicitor write a letter to him, but this has not stopped. How else can we deal with this?

You get an injunction, or put up bollards.

G_M

You gather evidence and then

Comms69 wrote: »

You get an injunction, or put up bollards.

Cakeguts

Send a letter to the tenants of the holiday home telling them that they cannot park on land that he does not own regardless of whether he has given them permission. If they don't like this they have to take it up with the owner of their holiday home. Keep copies of all letters.

aneary

I would put up some CCTV if he likes slashing tyres it isn't very much now and you can get it to mobile phones/tablets etc.

Comms69

aneary wrote: »

I would put up some CCTV if he likes slashing tyres it isn't very much now and you can get it to mobile phones/tablets etc.

<ensure you put up signage as this would be for commercial purposes. Ensure you have a dedicated data controller. Ensure that the CCTV footage is securely stored>

Comms69

Cakeguts wrote: »

Send a letter to the tenants of the holiday home telling them that they cannot park on land that he does not own regardless of whether he has given them permission. If they don't like this they have to take it up with the owner of their holiday home. Keep copies of all letters.

Seems redundant. They can park wherever they want. It's a holiday let, they'll be gone in a week.

eddddy

wood84 wrote: »

I have tried knocking on the door to ask them to move, but they have shown me a copy of their "welcome" booklet, which states that they can park there and that they can use the "communal" barbecue and seating area.

It doesn't really matter what the welcome booklet says, if people come onto your land (i.e. your barbecue and seating area) without your consent, they are trespassing and you can tell them to leave.

In fact, this High Court Enforcement Officers' website quotes the following piece of common law:

If a trespasser peaceably enters or is on land, the person who is in or entitled to possession may request him to leave, and if he refuses to leave, remove him from the land using no more force than is reasonably necessary...

https://thesheriffsoffice.com/articles/eviction_of_trespassers_under_common_law

(I don't think I would go as far as using reasonable force, but I doubt it would be necessary anyway.)

As for the cars parking, as others suggest a physical barrier such as bollards, chains, large heavy planters etc would be a good option.

Obviously, it's a shame to spoil innocent people's holidays, but if your neighbour really is as bad as you say...

Slinky

Can you put up a sign in your BBQ area saying despite what they may have been informed, this is a private area nothing to do with the holiday let?

Red-Squirrel_2

Slinky wrote: »

Can you put up a sign in your BBQ area saying despite what they may have been informed, this is a private area nothing to do with the holiday let?

Or, where is he advertising his holiday let? Get in touch with them to 'correct' his false advertising, or leave a review warning potential holidaymakers.