Allocated Parking Space Issues - to park or not to park that is the question?

lisade

We purchased an apartment just before Christmas that came with an allocated parking spot.  When we reserved the plot we put in a request to be considered for a Parking Space that came with Electric Charging Point and pointed out we had a wide car.  We were told that request would be considered when we were allocated a space closer to the completion date. 2 weeks before Completion we finally received the Leaseholder Deed from the Vendors Solicitor with a Parking Plan.  2 things have come to light since then and completion…
1. We have a problem with the space (see 2 below.) In order to take this issue further with the developers and challenge their response I went back over the lease they supplied. I missed it, but it seems that potentially my solicitor and the developers solicitor cocked up. The lease states in relation to the Parking 

 “Permitted Use - Plan 3- the drawing to identify the parking attached to this lease as Annexure 3"

&

 "7. Car Park-  7.1 The right to park one roadworthy private motor vehicle which is taxed and insured in the parking space shown numbered on Plan 3 ("the parking space") or such other parking space within the car park as the building management company or the landlord or the superior landlord as the case may be from time to time by prior written notice to the tenant reasonably designate"

On reviewing Plan 3 that they supplied I missed it that it  Does Not show the space that is allocated to the apartment.
Is this a issue started by the developers solicitor and their failure to correctly mark up the plan? & Should my solicitor have spotted it was missing of the plan?Should I now be requesting that the vendors and my  Solicitor rectify the omission as soon as possible at their cost and reissue the lease?

2. The parking issue! - 6 days before we completed we were finally allowed onto the site for our home demo. I raised it with the sales office who facilitated the demo that we hadn't been told which was our allocated parking spot. It was then were told verbally which was our parking spot.  When we completed and used the space we then realised that The parking space is located adjacent to a pillar which encroaches into the parking space, the width of the parking space is 2.4m but taking into account the pillar, the useable width is 2.26m. The parking space next to ours also has a pillar encroaching into the parking space, they're useable width is 2.2m. When both car parking spaces are occupied the passengers/drivers doors won't open because of the pillars and driver/passenger doors on alternate sides won't open far enough to allow exit because of the restricted width of the spaces IE 2 cars parked up =  neither can driver get out
The initial response from the Developers was to say that it wasn't anything they would help with (but I think it was just a standard reply we received so I want to pursue it further)

The lease also says with regard the Car Park..... 
7.2 " The right for the Tenant and the lessees or occupiers of the demised premises (in common with all other persons having the like right) to go pass and re-pass at all times with or without vehicles and for all purposes of access to and engress from the parking space over and along the accessways forming part of the Car Park (excluding any other parking spaces within the Car Park).

If Access and Engress from the parking space is not possible would I have a case to push the developers to reallocate a different space?
That fact that on the lease they haven't noted the space on the lease should make it easier for them to reallocate a new space?If they don't rectify the situation and we have bought a flat without a useable parking space where we, what legal recourse do we have if any?

*They did allocate me a Space with a Charging Point. There are other EV parking spaces that don't appear to have been allocated to plots yet. Mine and its neighbouring parking space are the only 2 space in the car park who's parking  widths are affected by pillars. All other pillars in the car park are outside of parking spaces. 

All advice gratefully received. Business  is touch at the moment our Holiday let business has been mostly closed for the last year and I don't have the resources to get into a legal battle. But would like to have as much information as possible so I can resolve this without the need for engaging a solicitor if I have a better idea of my rights.

Thank you in advance 

Seashell517

You state that you 'purchased before Xmas'. Do you meant that you completed before Xmas or that you reserved before Xmas? (Home demo implies this is a new build?) 

If you've already completed, did your solicitor send you a plan to check? I'm not sure that the solicitor can be held at fault if you didn't tell them that the space was missing from the plan...

If you haven't already completed, go to your solicitor and inform them of the issues so that they can be rectified. 

knightstyle

How big are standard UK parking bays?

There is no legal minimum for the size of parking bays. There is however a size standard for car park bays. This was specified by the government in 1994. It says that as a minimum, parking bays should be 4.8 metres long by 2.4m wide. According to accident aftermath specialist Accident Exchange in 2016, 87 per cent of local authorities use these dimensions. On the road, bays should be between 4.5m and 6.6m long and 2.7m and 1.8m wide.

found that on  https://blog.greenflag.com/2018/small-parking-bays/

So go back and ask why the parking bay is not to Government standards.

Plus see if they are in this.  https://consumercode.co.uk/

davidmcn

knightstyle said:

How big are standard UK parking bays?

There is no legal minimum for the size of parking bays. There is however a size standard for car park bays. This was specified by the government in 1994. It says that as a minimum, parking bays should be 4.8 metres long by 2.4m wide. According to accident aftermath specialist Accident Exchange in 2016, 87 per cent of local authorities use these dimensions. On the road, bays should be between 4.5m and 6.6m long and 2.7m and 1.8m wide.

found that on  https://blog.greenflag.com/2018/small-parking-bays/

So go back and ask why the parking bay is not to Government standards.

The more relevant dimensions they need to comply with are those in the approved planning drawings

princeofpounds

TL; DR:
- I bought a newbuild home
- The lease says I am entitled to use of a parking space numbered on the plan, or an reasonable alternative the landlord of the car parking areas may designate.
- There is no numbered space on the plan and neither I or my solicitor spotted it - is this a problem?
- I have just been allocated a space. It is tiny.
- Does my right of way over the car park expressed in lease enable me to reject the space?

Some thoughts from me:

- The fact that there is no numbered space on the plan is a problem, but probably not a huge one. You should have spotted it, and your solicitor should have spotted it. It could be a problem when you come to sell, you may find that a buyer's solicitor is not happy about this, but they would probably only require that you provide written evidence from the landlord as to which is the designated parking space, as that is also an established method of identifying it under the lease. In the worst case scenario, you will end up having to pay for a variation of the lease i.e. legal fees. 

- No, the 'pass and repass' clause is a total red herring. It has nothing to do with how awkward your parking space is.

- Problems with these kind of arrangements are not uncommon, where people do not own a specific parking space but are subject to the allocation of a freehold landlord. Often people are shown the best parking space and told it will be theirs, and when it comes down to it the freehold landlord (who will be associated with the developer) will go and allocate the nasty spot by the bins. And there's nothing you can do about it.

As davidmcn has, you may have something if the parking spaces that have been built are not to plan. But generally speaking I'm not optimistic for you unfortunately. Most people who were in a similar situation solved it by kicking up a fuss in various ways, and ended up swapping for another space, which really only transfers the problem to someone else. 

moneysavinghero

They probably allocate those two spaces to everyone. Then when a fuss is kicked up they get given a different space. Just make sure you are not the last owner standing (or worse the mug that just accepts the worse parking space).

AdrianC

Where in the space is the pillar? They're normally at one end - so won't interfere with the width of the space when it comes to door opening.

You could, of course, disgorge passengers before parking in the space, then park with the driver's side to the pillar, and the car towards the line on the opposite side, giving yourself plenty of door space.

lisade

The pillar is located in the middle of the parking space. And yes you can let the passenger get out before parking. The car in the next space can do the same. However when both cars have driven in (with their driver doors not adjacent to the pillars. The driver doors can't be opened because they have had to park so far across to avoid the pillars. That neither drivers doors can be opened far enough to open them to get out. If they park the other way around - the pillars block the doors

UnderOffer

I’m really intrigued by this, any photos? Even with our own driveway I do have to let passengers out before I reverse into drive,  means I can park tight to one side and have room to then open drivers door to get out. Seems ridiculous that they’d expect you to not be able to open any doors to get out. As well as restricting the space next to you too. 

lisade

Thank you for taking the time to reply. We do have a few photos from when we first got the space. With a bit of practice its possible to get a bit closer to the pillar in 71, but not much, reversing in would be easiest but then the post blocks the drivers door.  We had a look at the Plan they provided in the lease and the 2 pillars are shown to be outside of the spaces and not  encroaching into parking spaces 70/71.    We flagged up we had a 4*4 when we reserved 18 months before we completed, we were due to  part exchange it for a Tesla 3 now we have a charger, its width is 13cms narrower which could help. Either that or get a car with a fully retractable sun roof!

carefullycautious

Cripes that's tight!