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Flat car park used as a through way for deliveries
8chrono8
Posts: 2 Newbie
Hi All
Not sure if this is the right place to post but anyway. So I live in a flat with a car park for about 6 cars. This is surrounded by houses and the houses actually have gates that lead to the car park (which even this I think isn't right for safety purposes). The car park also has a gate which due its recent service the company found there was a H&S issue and so its been switched off and gates left open. Our estate covers quite a big development that even the houses contribute so some upkeep of the green parts. Anyway we have directors to help manage the maintenance company. Apparently the maintenance company and directors were approached about a couple neighbours wanting deliveries to go through the car park straight to their garden. I said no to one of the directors due to it being a small car park and to avoid possible damage to the cars. Apparently the others directors said it was fine without accounting for the view of myself and the other residents. What are my rights in this case ? Surely the land is considered private ?
Not sure if this is the right place to post but anyway. So I live in a flat with a car park for about 6 cars. This is surrounded by houses and the houses actually have gates that lead to the car park (which even this I think isn't right for safety purposes). The car park also has a gate which due its recent service the company found there was a H&S issue and so its been switched off and gates left open. Our estate covers quite a big development that even the houses contribute so some upkeep of the green parts. Anyway we have directors to help manage the maintenance company. Apparently the maintenance company and directors were approached about a couple neighbours wanting deliveries to go through the car park straight to their garden. I said no to one of the directors due to it being a small car park and to avoid possible damage to the cars. Apparently the others directors said it was fine without accounting for the view of myself and the other residents. What are my rights in this case ? Surely the land is considered private ?
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Comments
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Understand the frustration but in these difficult times, we must all give consideration to others which I guess is what the directors are doing.3
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Speak to your conveyancing solicitors about access rights. Few of these result in ongoing harmony.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street3 -
Its shared land, I doubt you can stop residents with access to common parts from having deliveries there. Jopson would work against you there.3
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Read Moncrieff v Jamieson:
https://www.bailii.org/uk/cases/UKHL/2007/42.html
If there are gates leading out then there are at least pedestrian (and maybe vehicular access) rights of way across the car park. Neighbours who contribute to the costs of the shared space using it for deliveries doesn't sound unreasonable, it sounds neighbourly.
And beware of the costs of fighting such a case, look!
https://www.dailymail.co.uk/news/article-6172095/Neighbours-ten-year-war-30-inch-parking-space-ends-warring-parties-paying-bills.html
Certainly NEVER agree to any private parking firm, at all, or you will all be sitting ducks for unfair PCNs.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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