Parking issue on leasehold property

zagubov

In South America there was a city which drove out illegal parking by superglueing giant newspaper-sized parking tickets on the windscreens that took hours to scrape off.

Not recommending it here, mind!

eddddy

ell__h wrote: »

So my questions are as follows:
1) Do I legally have the right to personally do anything about it?

It's trespass - so you could get an court injunction to stop them parking. But that would probably be outrageously expensive.

Or you could leave a notice on their car explaining that the price for parking in your space will be £500 per day from now on.

If they park again and don't pay - then if you can identify the driver, and prove that they read your notice, you can take them to the small claims court to get the £500 per day.

ell__h wrote: »

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?

Probably not.

If a stranger left something in your lounge in your flat without your consent, the management co wouldn't come and remove it. I expect the same applies to a stranger leaving their car in your parking space.

ell__h wrote: »

3) Are the in breach of their tenancy agreement? And this can I withold paying my service charge due to a breach of contract?

Do you mean: Is the freeholder (or their management co) breaching the terms of your lease?

You'd need to read your lease to find out, but they're probably not.

AdrianC

ell__h wrote: »

So my questions are as follows:
1) Do I legally have the right to personally do anything about it?

Such as...?

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?

Such as...?

Clamping and towing are illegal. They can issue penalty invoices, but only if the signage is absolutely bob-on. There is a sub-forum here dedicated to helping parking abusers avoid facing these inadequate remedies.

3) Are the in breach of their tenancy agreement? And this can I withold paying my service charge due to a breach of contract?

No.

I'm sat here thinking surely the person can't park in my privately owned space

You don't own it. You rent it, as part of the package of facilities for your property.

But, no, they can't - but, short of asking them nicely, there is little to nothing that the owner can do.

ethank

You can breach your lease by not paying service charge, but I'd be asking the management co if the other person is in breach of their lease?

yksi

Put a brick behind the passenger side tyre for a start. Gives them a nice surprise as they try to reverse.

I'd be very tempted to plaster it with "for sale" signs too, or accidentally spill an entire milkshake across the car. Or three.

I wonder, what's the legality of putting nails and thumb tacks and screws onto your own parking space?