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Parking space issue
Comments
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Earlier you mentioned that your tenancy agreement stated:
"If you rent a specific car parking space or garage as part of this tenancy, you must only park in that space..."
My understanding of this would be:
i) If you specifically requested a car parking space prior to commencing your tenancy and were provided an allocated parking space, then this would be included in your rental amount
and;
ii) If no space was allocated to you upon commencing your tenancy but you subsequently requested a space at a later date, then it is reasonable to expect there to be an additional rental amount to be charged for the space on top of the rent you were originally paying
Based on this, I believe it is reasonable for them to request some form of payment for use of the space. The amount however is debatable as you have mentioned that you requested a breakdown of prices and received no reply.0 -
What would you advise as next steps?0
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I respectfully disagree. I entered into no such agreement and no document supports that. The same could be argued, as I mentioned, for entering a lift in the building - or using the bicycle park (which I did, which I eeded a fob for and which was not charged to me). If what you are saying is true, then they could bill me for that space too at whatever charge they wanted to.
then respectfully you probably would be better taking legal advice rather than that of a public forumin S 38 T 2 F 50
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They can't retrospectively impose a contract on you but you potentially entered a contract when you applied for the fob. Were there any terms and conditions at any point in the process?
Who did you get the fob from? Email? Through a website? Face to face? Is there signage?
Assuming there was genuinely no contract, no terms and conditions and no signage then I can't see how they can enforce a cost from you.
If I came home and someone was parked on my drive I couldn't say "oh by the way it's £50 a day to park here, pay up." I would need appropriate signage.0 -
The fob I asked for via email but not in reference to the parking space. It was for garage access - in which I kept my motorbike. It was given face to face.
No terms and conditions were given; there's no signage. As far as I can gather, the addition of a parking space, for example, would need to be added to the lease for the property and signed with terms and conditions, details of what was covered and what wasn't.0 -
A fair point - but as with pepipoo there are often people with legal experience on these forums. Cheers for the help anyway - even if we disagree I do appreciate it.0
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They can't retrospectively impose a contract on you but you potentially entered a contract when you applied for the fob. Were there any terms and conditions at any point in the process?
Who did you get the fob from? Email? Through a website? Face to face? Is there signage?
Assuming there was genuinely no contract, no terms and conditions and no signage then I can't see how they can enforce a cost from you.
If I came home and someone was parked on my drive I couldn't say "oh by the way it's £50 a day to park here, pay up." I would need appropriate signage.
But if someone phoned you up and requested the use of your driveway....
You could be forgiven into thinking that this person would be aware of any charges because they have researched them,perhaps speaking to your OH .
The OP clearly knew there were charges involved,he was paying them in part for his motorbike,do the charges need to be reconfirmed for the car space...possibly not,it could easily be assumed its under the same terms.in S 38 T 2 F 50
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"Hi Management Company, can I have a fob to access the garage?"
"Sure random person, see you outside in 5 minutes. No questions asked!"
Are you sure it wasn't a bit more involved? What did they actually say in their email response to you?0 -
need_an_answer wrote: »But if someone phoned you up and requested the use of your driveway....
You could be forgiven into thinking that this person would be aware of any charges because they have researched them,perhaps speaking to your OH .
The OP clearly knew there were charges involved,he was paying them in part for his motorbike,do the charges need to be reconfirmed for the car space...possibly not,it could easily be assumed its under the same terms.
Can you imagine saying that to a judge? "I assumed he knew it would be £50 a day your honour"
English contract law does not work like that. Only the state and the railways can fine people.0 -
This is the only mention in the contract
"Parking
If you rent a specific car parking space or garage as part of this tenancy, you must only park in that space and not store, keep or park any boat, caravan or commercial vehicle on it or on any shared car park. If you do not rent a car parking space as part of your tenancy and wish to park a car outside the development, you should contact the relevant Local Authority to check if any parking restrictions apply in the area. We will not be responsible for any restrictions imposed.
"
I can't remember if anything was said - but that would only be verbal, not written, and 2 years ago at that.need_an_answer wrote: »did you "request a space for the car"?I did - but no further information was given around charges. Why would I assume it didn't come with the flat?
Doesn't look good for you but I'm no expert. You asked for a space, so that to me at least means you agreed to rent it which again to me means there is probably a charge. Why didn't you ask?It's nothing , not nothink.0
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