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People parking in my private parking space. My rights?

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  • Ha ha, sorry I meant car, not Carl lol
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 16 January 2018 at 1:28AM
    Dear (insert name),

    Further to our recent conversations regarding the unauthorised parking of your vehicle registration no. XXXXXXX in my demised parking space granted by my Lease of [ADDRESS], I now give you formal notice that any further incidences involving this, or any other vehicle owned by you, will be considered to be a tort of trespass to land.

    By parking in my space, you are denying me access to land to which I have title, which in turn results in a diminution of the value of my property. The Court of Appeal, in Raymond and anor v Young and anor [2015] EWCA 456, upheld an award of damages of £155,000 against a tortfeasor in similar circumstances.

    Accordingly, I hold you liable in the sum of £100 for each and every occasion upon which any vehicle belonging to you (or of which you are the registered keeper) is parked in my space. Your acceptance of these conditions will be deemed to have been demonstrated by conduct, and I shall seek recovery of damages by means of civil litigation, and enforcement of any Judgment obtained by means of County Court or High Court bailiffs.

    I trust that my position is now clear.

    Yours etc,

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Thank you Bargepole. That’s brilliant. I’ll be using that if it happens again. Thank you so much x
  • Just wondering how this played out in the end? Did you end up using the letter?
  • Umkomaas
    Umkomaas Posts: 43,411 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just wondering how this played out in the end? Did you end up using the letter?

    Send them a PM to ask directly - they ain't been back here for 11 months.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • Pfairclough
    Pfairclough Posts: 1 Newbie
    edited 27 June 2019 at 2:51PM
    While not much help to OP while car is in place,

    We had a similar issue in communal car park with commuters marking in visitors bays in easy morning and taking space up for the day.

    Landlord would not give concent for an access barrier so ended up buying a "real" warning sign online £10.

    No one in space since :j and no complain from landlord



    Got from parkingenforcement.online
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