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New purchase and parking dispute

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  • I've read through all of this and the best sense I can make of it is as follows: @Seanmac is close to completing the purchase of a flat, leasehold we presume, located near a private multi-storey car park.  Demised to Sean, possibly under a separate lease, is one parking space in said car park.  Sean took this as read when viewing the property and did not make the usual enquiries with either the seller or the estate agent regarding the space, such as asking to see it and, even, having a test park in it to check it was suitable for his car.  
    Sean has now exchanged contracts and is finally making the inquiries he should have made ages ago about the parking.  The freeholder of the car park has informed him that his parking space is space 'y'.  Sean believes, from looking at his lease plan, that it should be space 'x'.  This is, potentially, a problem as the records ought to match. 
    Sean's first port of call is the car park itself.  He needs to find out if there really is a discrepancy, or whether he's simply misinterpreted the lease plan and his space is waiting for him where it should be.  If there is an error Sean should, I assume, reclaim space 'x' for himself as it is the one demised under the lease; the lease being more important than what the freeholder/freeholder's agent says.  The freeholder or its agent would then need to alter its own records accordingly to transfer the current, unsanctioned occupant (if any) of 'x' to 'y' or any other free space.  Sean could also complete a Deed of Variation to demise space 'y' to himself and forget about space 'x'.  
    This will need sorting out, especially as freeholders are now starting to use private parking wardens in residential car parks.  Any discrepancies with records could lead to the issuing of parking tickets, which becomes yet another headache for all concerned.  
    The time to have sorted this, with reference to the seller, was pre-exchange.  Now exchange has been made, Sean is committed to buying the place and this is now his problem.  
     
    He’s completed already. The flat is his. 
  • @seanmac - have you at any time asked the seller whether they owned a car and if they did where exactly in the car park did they put it. even if they didn't own a car they must have had guests that did and possibly use the allocated space.

    my daughter lived in a large block that had this parking arrangement also. when she moved in her allocated space was occupied by someone else who when confronted said they parked in her space as it was vacant and not close to a pillar so was easier to access. turned out this person didn't even own a space of their own!!
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Let's hope when OP finally finds the right space no one has buried a dead dog beneath the concrete....
    Don't forget the bag for life as well
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • Seanmac
    Seanmac Posts: 125 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 24 December 2020 at 4:09PM
    Thanks to those who have been helpful, and those who have been making insulting and derogatory comments - you guys are disgusting and should not be on such forums.

    I have been calling the management company for the past 3 days and now finally I got some help from one of the management company's staff who has been around for a while and I was informed the parking arrangement was expanded and there have been some alterations and therefore, the difficulty in finding the parking spot with the map/plan. The plot number noted on the map is not the number that is displayed on the parking spot and I was given my number connected to the plot which I found at the parking spot. Finally, it's hopefully sorted and parked my car. This all could have been avoided if the seller/estate agent knew the exact parking space number or shown the location. 
  • Barny1979
    Barny1979 Posts: 7,921 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Make sure you get this in writing, as a neighbour may claim rightly or wrongly that you are parking in their space.
  • Seanmac
    Seanmac Posts: 125 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    Barny1979 said:
    Make sure you get this in writing, as a neighbour may claim rightly or wrongly that you are parking in their space.
    Ya, have it in emails. 
  • Seanmac said:
    Thanks to those who have been helpful, and those who have been making insulting and derogatory comments - you guys are disgusting and should not be on such forums.

    I have been calling the management company for the past 3 days and now finally I got some help from one of the management company's staff who has been around for a while and I was informed the parking arrangement was expanded and there have been some alterations and therefore, the difficulty in finding the parking spot with the map/plan. The plot number noted on the map is not the number that is displayed on the parking spot and I was given my number connected to the plot which I found at the parking spot. Finally, it's hopefully sorted and parked my car. This all could have been avoided if the seller/estate agent knew the exact parking space number or shown the location. 
    Glad everything worked out for you.
    There are a lot of people on this forum including those with lots of posts who are incredibly rude and unhelpful. Shame on them.
  • Seanmac
    Seanmac Posts: 125 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    camden_kid said:u
    Seanmac said:
    Thanks to those who have been helpful, and those who have been making insulting and derogatory comments - you guys are disgusting and should not be on such forums.

    I have been calling the management company for the past 3 days and now finally I got some help from one of the management company's staff who has been around for a while and I was informed the parking arrangement was expanded and there have been some alterations and therefore, the difficulty in finding the parking spot with the map/plan. The plot number noted on the map is not the number that is displayed on the parking spot and I was given my number connected to the plot which I found at the parking spot. Finally, it's hopefully sorted and parked my car. This all could have been avoided if the seller/estate agent knew the exact parking space number or shown the location. 
    Glad everything worked out for you.
    There are a lot of people on this forum including those with lots of posts who are incredibly rude and unhelpful. Shame on them.
    Thank you. Its a great forum. But as you said there are some people who are trying to give it a bad name. Shame on them. 
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