Can my car get clamped in a private parking spot

Nomsssx

I live in a newly built block of flats. The property we own is a 3 bedroom house and we have private parking outside for everyone living in the flats (20 spaces), a visitors parking bay (6 spaces) and two disabled spots. When I purchased the property parking was something that was mandatory for me and that's one of the reasons I bought the flat. Before I bought my car, every household was assigned a parking space by the flat committee (they elected themselves). However a few months on more and more people who also OWN their flat have been buying cars and the car park space is beginning to get crowded. This week the 'president of the committee has decided the visitors space is only for visitors and residents should not park. He is also thinking about clamping cars that park there. Any advise on what to do?

daveyjp

You can't clamp. Install bollards and a chain with locks for residents.

waamo

Clamping by private companies is illegal and can carry a jail term on conviction.

Coupon-mad

This week the 'president of the committee has decided the visitors space is only for visitors and residents should not park. He is also thinking about clamping cars that park there. Any advise on what to do?

Brilliant! Write enclosing a copy of Saeed v Plustrade and tell him a 'grantor cannot derogate from his grant' and to remove rights that exist would be interfering with your property lease.

Tell him that clamping became a criminal offence in 2012 and does he want to test it?

Put a copy of your exchange of correspondence in everyone's door and/or on communal noticeboards and call a residents' meeting in the New Year to discuss it properly, and make sure NO-ONE thinks that can impose changes on flat owners, because they can't.

Oh, and state that no parking firm must be imposed as they are scammers and you will not agree, and that can't be imposed on leaseholders either (breach of the Landlord & Tenant Act in trying to interfere with and vary leasehold rights without getting the required consensus).

No-one ever needs a PPC anywhere. The industry pretend that they provide a service and pretend there is a need, but there is absolutely no need for the industry, at all.

NeilCr

From what you say I am assuming the owners own the freehold and there is a Management Company that they run. Not sure why you refer to a three bedroom house on one occasion.

From my own experience I doubt the committee elected themselves. Generally anyone who wants to be a director is welcome with open arms as it is hard to get folk to do the job. Most prefer to leave it to others and then moan if there is a problem

Is your concern only about the visitors spaces or are you having trouble with your own space (do you have an allocated one in your lease?) ? If it is the former perhaps the thing to do is for residents not to use the visitors spaces then there wouldn't be an issue in the first place. However, as we see here often, people can be very selfish when it comes to their cars and parking. If it is your own allocated space that is the worry get yourself a parking post

For example

https://bisonsecurityposts.co.uk/products/fold-down-parking-post-toplok?variant=28952817795124&utm_medium=cpc&utm_source=google&utm_campaign=Google%20Shopping&gclid=CjwKCAiAis3vBRBdEiwAHXB29CsAcbJTuV0fVvtLFp4PHPinotDUZM14T2v3Nbi2tnNvTFeSft6fyBoCpWwQAvD_BwE

As others have said they cannot clamp. It seems to be quite common for folks still to think this. I have had to disabuse a couple of our directors of this notion in the past.

Policing visitors spaces isn't as easy as your own space where a parking post can be installed. Bollards and a chain can work in certain configurations but often people don't like them because of the hassle (especially with visitors). OP - how do you get into your car park. Electric gates, key fob, just off the road, etc?

If I was your chairman I'd be writing to all residents first (he may have done that, of course) and, if that didn't work, call a meeting of owners to discuss the issue and ask for ideas and suggestions. Alternatively, you could lead on this yourself and organise the meeting. From a directors perspective I'd always want to try to resolve problems without the use of threats or actual action. Sadly - as I say - there are those who think only of themselves and will ignore others problems.

beamerguy

This week the 'president of the committee has decided the visitors space is only for visitors and residents should not park. He is also thinking about clamping cars that park there. Any advise on what to do?

Does this President not understand that criminal proceedings can be brought against him for illegal clamping ???
It would also mean a criminal record

The_Slithy_Tove

Nomsssx wrote: »

This week the 'president of the committee has decided the visitors space is only for visitors and residents should not park. He is also thinking about clamping cars that park there. Any advise on what to do?

What does he do? Sign an Executive Order as "President"? Maybe he needs to get off his high horse and fancy titles, and read up on what he is allowed to do*, unlike another President we could think of.

*according to the Head Lease

The_Deep

Have yo read this?

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

Try posting this here

https://forums.landlordzone.co.uk/

about the self elected management committee, it is likely to be not what your think. Both the management companies with which I am connected are registered companies.

NeilCr

The_Slithy_Tove wrote: »

What does he do? Sign an Executive Order as "President"? Maybe he needs to get off his high horse and fancy titles, and read up on what he is allowed to do*, unlike another President we could think of.

*according to the Head Lease

While I fully accept that there are some overbearing, dictatorial directors I do wonder whether this is the OP's take on the person concerned rather than any title they may have bestowed upon themselves

Again from experience you can't please all of the people all of the time. It could be that the gentleman concerned has had complaints from some residents about the blocking of the visitor spaces. They have then had to do something about it (completely incorrectly when threatening clamping). Other residents have a differing view and it escalates from there. Can be fun!

Not sure, as The Deep suggests, that the OP is totally clear how the "management of the estate" actually works. I am assuming a ManCo of the owners but it could be that it is a Residents Advisory Committee that liaise with an outside freeholder.

Half_way

Thinking about is completly different to actualy doing someting about.
Aot of committees think about doing something, but very rarely get round to actualy doing something about...


As fo president, shouldnt the correct term by Chair/chairman of the committee?

As for clamping, yes it is ilegal, however i can see no harm in installing signs warning of clamping, as long as they stay as an empty threat

Nomsssx

NeilCr wrote: »

From what you say I am assuming the owners own the freehold and there is a Management Company that they run. Not sure why you refer to a three bedroom house on one occasion.

From my own experience I doubt the committee elected themselves. Generally anyone who wants to be a director is welcome with open arms as it is hard to get folk to do the job. Most prefer to leave it to others and then moan if there is a problem

Is your concern only about the visitors spaces or are you having trouble with your own space (do you have an allocated one in your lease?) ? If it is the former perhaps the thing to do is for residents not to use the visitors spaces then there wouldn't be an issue in the first place. However, as we see here often, people can be very selfish when it comes to their cars and parking. If it is your own allocated space that is the worry get yourself a parking post

As others have said they cannot clamp. It seems to be quite common for folks still to think this. I have had to disabuse a couple of our directors of this notion in the past.

Policing visitors spaces isn't as easy as your own space where a parking post can be installed. Bollards and a chain can work in certain configurations but often people don't like them because of the hassle (especially with visitors). OP - how do you get into your car park. Electric gates, key fob, just off the road, etc?

If I was your chairman I'd be writing to all residents first (he may have done that, of course) and, if that didn't work, call a meeting of owners to discuss the issue and ask for ideas and suggestions. Alternatively, you could lead on this yourself and organise the meeting. From a directors perspective I'd always want to try to resolve problems without the use of threats or actual action. Sadly - as I say - there are those who think only of themselves and will ignore others problems.

My issue is with the visitor's space. I currently park in my allocated parking spot and there is a row of parking spaces behind which aren't allocated to anyone which the president has decided will be the visitor's parking spots. The issue is, why are visitors getting priority to park at a private residential parking but residents can't. My insurance increases by £300 if I have to park outside the estate on a busy road. Also, he has emphasised that we "residents' should be more thoughtful and park outside the estate and leave parking for elderly visitors coming to visit. AGAIN, why? this is my flat which I have paid a substantial amount of money for and I have to cater to individuals who barely live here.