New purchase and parking dispute

Seanmac

.......Nor the buyer for not asking about it nor checking before you purchased.

So you do have a space, you know which one and you are yet to encounter a problem with parking in it?

So currently no dispute as such, but an error on the documentation

I believe its called misrepresentation for which the seller can be sued. 

eve824

I think you are making a mountain out of a molehill here. You know which space is yours, so either go park in it or if there's someone in it politely ask them to move and show them your deeds if necessary. No need for all these legal threats against the vendor. When I lived in a flat many moons ago you occasionally used to get chancers using empty spaces if they thought it wasn't being used, a quick word and they soon moved on. 

davidmcn

Seanmac said:

.......Nor the buyer for not asking about it nor checking before you purchased.

So you do have a space, you know which one and you are yet to encounter a problem with parking in it?

So currently no dispute as such, but an error on the documentation

I believe its called misrepresentation for which the seller can be sued. 

Are you going to answer any of the questions? 

Seanmac

Barny1979 said:

OP sorry, but it is your issue if someone is parked in the space that you own. Stop saying the seller is responsible, they don't own the land now,it's your fault you didn't do due diligence.

How is it my fault? its a secured parking with a key fob entry and I did enquire about it when I viewed the flat and the estate agent said he is not carrying the fob to show the parking space and I did not realise this kind of situation may occur. 

Seanmac

wilfred30 said:

Have you found the space or not?

I cannot be 100% sure but the map suggests there is a space where my parking number should have been but it shows another parking number. I have written to the freeholder to confirm if it is my parking space and I am not sure if the freeholder may respond. So its a waiting game..

anteguardian

I’ve been following this thread and feel I need to chime in here too.

@Seanmac - like Eve has said I think your making a mountain of a molehill here. You’ve been in the flat for 2 days - that’s not enough time to establish if there’s even a problem if you haven’t at-least attempted to resolve the situation with the car parked in your space. 

Like has been said; the person parked there could just be an opportunist - it 100% doesn’t sound like misrepresentation by the seller yet unless you have any further evidence to provide us with.
I know it might seem hurtful and that your disappointed that the space isn’t immediately available for your use as you've made a massive purchase and invested in something that is rightly yours, and your right to be concerned.
However I seriously doubt taking it down the legal route with the seller at this time would be any benefit to you. Im going to be frank with you; it’s not misrepresentation unless you can prove there has been a dispute that should’ve been disclosed during the sale process - which it sounds like you can’t yet? Is that right?

I really would suggest you should try and amicably resolve this with the person parked in your space, or next stage the management company of the building before going after the seller, as this way you can see if there was any kind of dispute raised by your seller. 

Seanmac

anteguardian said:

I’ve been following this thread and feel I need to chime in here too.

@Seanmac - like Eve has said I think your making a mountain of a molehill here. You’ve been in the flat for 2 days - that’s not enough time to establish if there’s even a problem if you haven’t at-least attempted to resolve the situation with the car parked in your space. 

Like has been said; the person parked there could just be an opportunist - it 100% doesn’t sound like misrepresentation by the seller yet unless you have any further evidence to provide us with.
I know it might seem hurtful and that your disappointed that the space isn’t immediately available for your use as you've made a massive purchase and invested in something that is rightly yours, and your right to be concerned.
However I seriously doubt taking it down the legal route with the seller at this time would be any benefit to you. Im going to be frank with you; it’s not misrepresentation unless you can prove there has been a dispute that should’ve been disclosed during the sale process - which it sounds like you can’t yet? Is that right?

I really would suggest you should try and amicably resolve this with the person parked in your space, or next stage the management company of the building before going after the seller, as this way you can see if there was any kind of dispute raised by your seller. 

I get your point and I am following all the routes possible. Will update on the progress. 

wilfred30

Seanmac said:

wilfred30 said:

Have you found the space or not?

I cannot be 100% sure but the map suggests there is a space where my parking number should have been but it shows another parking number. I have written to the freeholder to confirm if it is my parking space and I am not sure if the freeholder may respond. So its a waiting game..

Does the space on the map have a number on it?
Is there currently a car parked in that space?

Seanmac

wilfred30 said:

Seanmac said:

wilfred30 said:

Have you found the space or not?

I cannot be 100% sure but the map suggests there is a space where my parking number should have been but it shows another parking number. I have written to the freeholder to confirm if it is my parking space and I am not sure if the freeholder may respond. So its a waiting game..

Does the space on the map have a number on it?
Is there currently a car parked in that space?

Space in the map has a number but that number does not exist in the parking lot. I am guessing another number which appears there should be actually my parking space and yes, there is a car parked there but I do not know the flat number. I am trying to seek clarification from freeholder to confirm its my space indeed before I put a note on the car. 

Barny1979

So the car is parked within a secured parking area? So basically it must be associated with someone who lives in one of the adjacent properties? Maybe knock on and enquire with your neighbours, rather than leaving a passive aggressive note?