New purchase and parking dispute

Slithery

Seanmac said:

Slithery said:

If you can locate it from the title plan then that's one problem solved - you now know where your space is!

If someone else is using it then just show them your title plan and ask them to move.

What if they don't?

What would you do if you owned a house with a private drive and someone you didn't know parked on it?

Seanmac

What if they don't?

What would you do if you owned a house with a private drive and someone you didn't know parked on it?

I can't go physical with them. I can only ask to move but if they don't then I have to exercise the legal option. However, why should I go through all that hassle. The seller should have made sure the parking space is vacant and available the same way they have to make sure the flat is vacant and available when they sell. 

jaybeetoo

If someone is parking in your space, report it to the management company.

Seanmac

What if anyone else is using it? does that become my problem then according to you? 

No, I'm trying to help you work out which space is actually meant to be yours, since you seem to be having trouble figuring it out. Maybe copy the plan and relevant parts of the lease here and we can make more sense of it.

I never said I am having trouble figuring it out. The parking space number claimed doesn't exist and if it did then it's not in the number quoted on the lease and even the management company cannot find it. 

AskAsk

i remember reading similar problems before, but it was someone was using the allocated parking space.  unfortunately you have to resolve the issue but i think you may be covered under the pif form, where the seller would have had to disclose a dispute or potential dispute.  this may not extend to parking spaces in a block of flats though.

your solicitor will be able to advise you.

annetheman

Seanmac said:

What if anyone else is using it? does that become my problem then according to you? 

No, I'm trying to help you work out which space is actually meant to be yours, since you seem to be having trouble figuring it out. Maybe copy the plan and relevant parts of the lease here and we can make more sense of it.

I never said I am having trouble figuring it out. The parking space number claimed doesn't exist and if it did then it's not in the number quoted on the lease and even the management company cannot find it. 

Hi Seanmac. Since this is a recent purchase, it should be relatively easy to find a copy of the deed Plan; it'll be amongst a stack of other things the solicitor will have sent to you prior to exchange. You will need this if you ever want to sell, so I hope you've kept it safe.

In your lease, in the definitions, you will find a definition of the "Allocated Parking Space". It will say something like this: “Allocated Parking Space” means the parking space (if any) shown coloured [a colour e.g. purple] on the Plan.

Find the Plan, and you will see the area outlined in e.g. purple which corresponds to your allocated parking space. Mine looks like this (circled in red):


Go outside and stand next to the area that the Plan shows is your allocated parking space. Regardless of the number written there, in this example "54", this is still your allocated parking space and if the number written on it is different, that does not change the fact that this is your allocated parking space. Nowhere in the lease does it actually say "Parking space number 54", it just says the area coloured e.g. purple.

The plan example above is mine, and the number 54 doesn't "exist" in the parking lot. But I am going to use that space and politely ask anyone who does to move.. Potentially print a copy of the plan for them and tape to windshield if they are a repeat offender.

If you can't find mention of your allocated parking space in your lease, that corresponds to an area in the Plan you were given, that's a whole different trouble.

Seanmac

Hi, 
I have a parking lease and plan where the parking space with a number is marked in red like yours but the number in the plan does not exist in the parking premises and neither the numbers next to space. I get your point on informing whoever is on the spot and raising it with the management company and I would be doing that however, I am sensing it can be a legal dispute if the person has been using it for a number of years etc. I have just completed the purchase 2 days back. My concern is the seller should not have sold a disputed or unpossessed parking space by suggesting an allocated parking space with the flat. I would think this would amount to misrepresentation or fraud it's like selling a flat that is not in their possession how can this be not fraud. 

AdrianC

Did you not notice this discrepancy during conveyancing?
What happened when you went over the plan with your solicitor, and compared it to what you'd seen on the ground?

teachfast

This seems simple enough: you have been sold an allocated space which you are entitled to use. Getting access is now your problem. 
If the space was in dispute before and not declared by your vendor, you may have a legal right to recourse against them for that. You would need professional legal advice on that. It's probably worth exploring all the options others have suggested on the thread for actually parking there first. 

Personally, I'd cement a moveable post into the ground there (my ground) and move it when I wanted to park there, if less drastic methods didn't work. 

Seanmac

AdrianC said:

Did you not notice this discrepancy during conveyancing?
What happened when you went over the plan with your solicitor, and compared it to what you'd seen on the ground?

I did mention a few times that I did not view the allocated parking space before completion and I never imagined anything can go wrong with it.