Parking issue on leasehold property

ell__h

Hi,

Hopefully I'm in the right place here and I was wondering if anyone could offer advice on the following issue I'm having.

I currently own and live in a leasehold flat which comes with an allocated parking space. The property is managed by a company called Encore, to which I pay a tidy sum of £1500 per year for them to 'manage' the property and the surroundings.

Unfortunately I've returned home on several occasions over the last few weeks to find the same car parked in my designated parking spot, despite plenty of signs up saying 'residents only parking', etc. which means I have to park off-road close to my flat, as I don't want to park in another owned space and feed the cycle.

I contacted Encore a couple of weeks ago and they have advised me that beyond putting notes on their car (which I've politely done 4/5 times now), I have the power to do absolutely nothing.

Reading through my tenancy agreement it states an agreement between the landlord (Encore) and the tenant (myself) that I, or a visitor with my permission, have a right to park in my designated space at any time.

So my questions are as follows:
1) Do I legally have the right to personally do anything about it?
2) Should the property management company (Encore) be doing something more substantial to resolve the issue, instead of just resigning the advice to leave notes?
3) Are the in breach of their tenancy agreement? And this can I withold paying my service charge due to a breach of contract?

I've scoured the internet to try and find an answer and I can't find a clear one. I'm sat here thinking surely the person can't park in my privately owned space and just be allowed to do so? Any help is greatly appreciated!
:beer:

jimbog

Would they agree with you putting up a key operated parking post?

ell__h

jimbog wrote: »

Would they agree with you putting up a key operated parking post?

I have thought about suggesting this, but the estate has 200+ parking spaces so it may get a bit messy...

NeilCr

If the parking space is demised to you in your lease then it is your property and can put up a post if you so desire.

It's the easiest solution. Very selfish parkers are a real pain in the butt. Another answer is for Encore (or more properly the freeholder) to bring a a PPC but that can lead to real problems

What else would you have in mind?

Do you know who the car belongs to?

Alan2020

Put a secret video camera, record who the person is, find out where they live. Then armed with the evidence, pay them a visit with suitable backup and give them an ultimatum and ask for a cash compensation to pay for the inconvenience. I am sure they will see the slight of their ways. This may not be legal, so once you have evidence alternatively use lawyers and sue them for compensation in the civil courts.

Chumy

This happened to me last year and I put up a 'FOR SALE (Offers Accepted)' sign all round the car. This was after polite notes did nothing. This worked for me.

My last alternative would have been to clamp it. You can get a cheap one from Amazon.

Let the owner come and explain why he/she felt justified to keep parking on your space even after you have repeatedly warned him..

Good Luck

diggingdude

Chumy wrote: »

This happened to me last year and I put up a 'FOR SALE (Offers Accepted)' sign all round the car. This was after polite notes did nothing. This worked for me.

My last alternative would have been to clamp it. You can get a cheap one from Amazon.

Let the owner come and explain why he/she felt justified to keep parking on your space even after you have repeatedly warned him..

Good Luck

I actually think that is a fantastic idea. I would glue the signs onto the windows

ell__h

Chumy wrote: »

This happened to me last year and I put up a 'FOR SALE (Offers Accepted)' sign all round the car. This was after polite notes did nothing. This worked for me.

My last alternative would have been to clamp it. You can get a cheap one from Amazon.

Let the owner come and explain why he/she felt justified to keep parking on your space even after you have repeatedly warned him..

Good Luck

diggingdude wrote: »

I actually think that is a fantastic idea. I would glue the signs onto the windows

This is a great idea. Every bone in my body wants to do something of this nature (particularly clamping) but I'm just wary of keeping everything legal.

chunkytfg

ell__h wrote: »

These are both great ideas! Every bone in my body wants to do something of this nature (particularly clamping) but I'm just wary of keeping everything legal.

Clamping is 100% illegal.

Sticking for sale signs all over the car especially ones held on with spray glue may not be exactly legal but I would doubt very much anyone of authority will give a c*ap about it

Crumble2018

Can you park so that you block them in? I’m pretty sure that would deter them from doing it again.

ell__h

diggingdude wrote: »

I actually think that is a fantastic idea. I would glue the signs onto the windows

chunkytfg wrote: »

Clamping is 100% illegal.

Sticking for sale signs all over the car especially ones held on with spray glue may not be exactly legal but I would doubt very much anyone of authority will give a c*ap about it

I would never actually clamp the vehicle, but just saying the situation makes me want to.

Crumble2018 wrote: »

Can you park so that you block them in? I’m pretty sure that would deter them from doing it again.

Unfortunately the way the spaces lay I'd be blocking the spots either side of mine. Had considered it!