Leasehold Parking Space Blocked

jb1990

Hi all,

My query is with regards to my car parking space being blocked by contractor vehicles. Please bear with me as I will try to provide as much context as possible.

I have owned a leasehold apartment for about a year and a half now, in a small block with 8 apartments and one parking space per apartment. My deed with the Land Registry marks the parking space, and each apartment has a specific space.

The Freeholder owns three adjacent properties, with all four properties sharing the same car park area, each with a different section of the car park designated to the residents. The car park is long and thin, with approximately 20 spaces in total. There is no designated visitor parking as it is pretty much one space per apartment, and we have a car parking management company that issues tickets to anyone parked without a permit i.e. non-residents.

The FH is currently undertaking major renovation works on one of the adjacent properties which is empty. In doing so, he is using several parking spaces (which I assume are designated for that particular property as they are not for ours) as part of the construction site to store building materials etc. Because of this, there are multiple contractor vehicles on site each day, typically 5 or more, and no designated parking spaces for them to use.

The problem I have is that these contractor vehicles are parking in the car park, not inside spaces, and they block my car in. As I type, there are 2 cars and a van parked directly behind my vehicle.

Whenever I want to leave or return home, I have to hope that one of the contractors is around to come and move the vehicles. This adds a lot of waiting-around time to my day, and on one instance this week there were no contractors around to move the vehicle, so I couldn't leave.

I cannot park my car on the street, as it is for residential permit holders only, and I do not have one (and more to the point, I shouldn't have to as I have my own space!). I also do not want to park in somebody else's space, as I will get a ticket.

Further, these contractor vehicles are parked here all day, 5 days a week, and none of them are issued a ticket. I assume that the FH has told the parking management to not issue tickets to contractor vehicles.

I have complained several times to the managing agency, who have told me twice that they will get in contact with the FH, but nothing has come of it.

What can I do here?

Thanks
James

Sibz

Is it possible to park your car where 1 of these vehicles blocking you in are parking?
While you won't be in your space - it may allow you easier exit when required.

Since you have contacted the parking management company twice you could advise them of your actions, stating that this will be the case until the issue you raised is resolved by them. Is (or could) being blocked in (be) costing you money in alternative parking or job income? - perhaps you could notify them that in future bills for these costs will be sent to them for not doing their job properly - I assume you pay a factor fee of sorts to them for this?
You could alternatively suggest that they or the FH provide you with a parking permit for the duration of these works (or better yet - provide a permit to the workers)?

eddddy

You're not the Parking Management Company's client, so they won't take any instructions from you, and it's quite possible that they won't even speak to you.

I guess in simple terms...

• If the freeholder has given consent for the contractor's vehicles to block your parking space - your argument is with the freeholder. The freeholder is probably breaking covenants in your lease.

• If the freeholder hasn't given consent, your argument is mainly with the contractors - they are parking where they shouldn't. But putting pressure on the freeholder might still help.

m0bov

Maybe write to the FH and agents and copy in the contract that next time your blocked in you'll call the Police.

Do you have legal cover with your insurance? You could get an injunction if your right to the parking spot is being withheld. Might be worth getting heavy in your letter and hope that take notice.

Also leave a note on the vans/cars and park and block them in? Your going to have to make a nuisance of your self to get anywhere.

Blondetotty

A number of years ago I had a similar situation. I lived next door to a business that had a delivery van coming and going all day and had designated parking outside. Due to the number of customers the driver used to block my space. The amount of times I came out to go out and she was blocking me in was ridiculous. I asked her and the business on multiple occasions to stop doing it and eventually just got either ignored or given a gob full of abuse as to why she couldn't move at that time.


One day I got home and again she was parking blocking my space and I lost the plot. She was positioned that she couldn't turn around but could potentially wiggle round in a 20 point turn if she could move back so I pulled up with my drivers door almost touching her rear bumper, took the roof down, climbed out the passenger side (two seat sports car so needed the roof down to clamber out), put the roof back up, locked up and proceeded to head indoors.


She'd obviously clocked what was going on so came running out and demanding I move the car. I politely declined and carried on walking to my front door. She was furious, starting threatening me and screaming at me to move. I carried on walking and reached my front door. At this point I think she realised she wasn't able to intimidate me anymore because she started being more polite which got increasingly desperate and turned into begging as I closed my front door on her. She was wailing and apologising that she had to pick up her granddaughter to which my answer through the door was tough, figure out another way. You've blocked me in, now you'll have to wait until it's convenient for me to move.


I made her sweat for about 10 minutes with her hammering on the door and then heading inside the business to see what they could do before I wandered back outside. When she saw me she apologised profusely and promised never to park there again. I moved. She moved and never parked there again!


With hindsight it probably wasn't the smartest thing to do, she could have done anything to my car even though it was under the stores CCTV cameras, but it worked out fine.


I'd be tempted to do a similar thing in your place. Either block your space yourself where they are so they can't park in your space or block you in or block them in. Just make sure you've got dash cam or security cameras in case something untoward happens to your car. I'm all for diplomacy but if the contractors are ignoring you, and the freeholder is ignoring you I'd be tempted to do something that means they can't ignore you and if you manage to block them in at 4.00pm on a Friday they'll certainly take notice!