Right to park in my parking space in a bought space

Mochain

Hi
Not sure you can advise on this one. When I bought my apartment in Birmingham I was offered the chance to purchase a second parking space at a discounted rate. It cost £7,000. Since I purchased it, I have problems with people parking in it. Recently for just over a month now, someone is parking in it with a permit for the parking space. We both have a permit for space 132. I have been in touch with the management company SDL Management and they have told me to park anywhere that does not obstruct others and they will tell BCP not to issue me with a parking ticket. (Note, I already had a ticket for £60 in my other space when my permit slipped out of my window and was not displayed - despite me paying £15,000 for that space - they would not accept my appeal). I do not want to risk parking anywhere and my car has already been scratched from parking on the street in the last month. SDL tell me that there are no other spaces available right now to issue me with a permit for a new space. Do I have any legal right to redress for not being able to park in my space for the past 5 weeks and there is no sign of the car in the space moving. I have checked a couple a times a day and it does not move for me to get my car in the space and for them to have to worry about the issue. 
Am I able to sell the access to the space instead and would I get the commercial value or would I just get the discounted value. Not sure it is worth the hassle of keeping it. 
Your advice much appreciated. 
Paul

AdrianC

Ooops, they've dropped a clanger, and issued more permits than allocated spaces. Well, I'm sure it'll be sorted quickly enough once another allocated space comes vacant, or an additional space can be allocated - in the meantime, using a visitor space seems a perfectly good temporary solution, and you know that any tickets will get cancelled...

bengalknights

Put a note in the car window along the lines of your in my space?
Most likely wont be moving due to lockdown and work from home.

Unfortunatly you would just have to wait it out until SDL give you a new space (which will probably be a long wait)

Grumpy_chap

Surely, at the very minimum, SDL should give you the £7k back?

Norman_Castle

As you own the space only you can decide who parks there. Does the other permit specify that space, if it does ask whoever issued the permit to retrieve it.

Is there a charge for the permits? If there is you should be receiving income from your space.

kazwookie

Get your solicitor to write them a strongly worded letter.

Ask for a refund against the time you have been unable to use the space, put pressure on them to get it sorted

Once you get your parking space back install a drop type bollard to stop it happening again.

AdrianC

Grumpy_chap said:

Surely, at the very minimum, SDL should give you the £7k back?

Depends...

Does the OP never ever want to park in a second space?
Or do they want to park in a second space as soon as possible?

AdrianC

kazwookie said:

Ask for a refund against the time you have been unable to use the space

How much is the weekly or monthly cost of owning the space?

No, not the cost of borrowing the £7k to buy it. The cost of owning it.

DoaM

I hope you didn't pay the £60 ... it was an invoice, not a fine. And you had primacy of contract, so unless your deeds / lease state that a permit is required then you could potentially sue the parking company for trespassing in your space. Google for UKPC vs Davey.

Mochain

Thanks for you comments. Unfortunately there are no visitor spaces. Only spaces for disabled parking that I think have not been allocated. The fine for not displaying my permit previously, I did pay it as I lost my appeal. So I will keep a note of the case you have quoted DoaM in the event that it happens again. Apparently my purchase of the space is not the actually space 132 it is that you buy an allocation of a space. I was allocated 132. As I cannot use it, then I should be allocated another one. As there are not other spaces free I am out of luck. I guess the suggestion of charging them a fee for the time I cannot use it and I wonder if I can claim for the scratch on my car given I have had to park on the road and not in my space. They do not seem to pushed to sort it. As I said I have been raising it for 6 weeks now and they still have not sorted it. The commercial value of the space is more than the £7K I paid, so surely if I sold it, then I should get the going rate despite how much I paid. I guess I will need to go to a solicitor to check it out. I have already logged it on the SDL Property Management site and they have closed the action and the complaint I made although they have not sorted it. Thanks anyhow for your advice.

DCFC79

So you've paid £7k for a space, allocated space 132 but can't use it, you should get the money back.