Letter from Management Company about Implementing Parking Restrictions

Noneforit999

Hi

We live on a new build estate (2015) of 85 houses and flats. Its had a management company who charge each property a set amount each year to manage the common areas etc.

We have a 3 bed semi with Garage and Drive for one car. On the basis we work different hours and get home at different times, combined with the garage being too narrow to easily get the toddler out of the car, we park one car outside the house. Raised kerb, no restrictions and have done for the 7 years we have lived there.

Anyway, today we get a letter from the management company saying there have been lots of complaints about parking and wanted our opinions on a parking enforcement scheme for the managed areas of the estate. Granted, many park two wheels on the kerb outside their house as the roads are narrow and the visitor bays are often taken up by residents with more than one car etc. The affordable housing flats over the road all have 2x cars each but one allocated bay and there is a massive transit that parks in a visitor bay most of the time.

Can they just double yellow all the roads and ticket people? Realistically 40-50 cars park on the roads around the estate so I have no idea where those cars will go, its just going to push the problems to other roads near the development.

We have responded against the restrictions but they have not specified what they will be in the letter. I just don't see how they can enforce any sort of restrictions on the main roads of the development, its going to cause carnage. 

I think those complaining are going to regret going down this route eventually if they bring in some third party parking enforcement company to heavy hand this. 

Just wanted to know if anybody had a similar experience or knows what they are likely to actually do?

Cheers

robatwork

Just to clarify - are the roads adopted by the local council or still maintained by the developer?

Section62

Noneforit999 said:

Can they just double yellow all the roads and ticket people? Realistically 40-50 cars park on the roads around the estate so I have no idea where those cars will go, its just going to push the problems to other roads near the development.

If 'they' are the developer/management co, then it depends whether all the roads are still private, what the contract you have with them says, and what the planning consent for the estate required.

Usually planning consents require the developer to provide adequate off-street parking to minimise any safety issues on the 'estate' roads, and to stop overspill parking from the development onto the surrounding road network.  So your starting point should be finding the planning consent(s) on the local council website to see what conditions were imposed.

If the roads are private (i.e. not adopted) and there is nothing in either the contract or planning consent which prohibits the owner/management co from implementing (and enforcing) parking restrictions then they can probably do it - but the enforcement process is a regulated activity, so there are limits on how that is done.

A second avenue you could use to stop the owner/management co doing this is if it is reasonably likely that the parking problem will be displaced onto neighbouring (public) streets if they bring in restrictions.  Typically restrictions can only be implemented by carrying out 'works' (such as putting up signage) which often requires planning consent.  If the local authority are sufficiently concerned about the impact of displaced parking, they may take an interest in telling the owner/management co that they cannot implement the scheme without applying for planning consent.  This would be in addition to any restrictions imposed by the original consent for the development.

Noneforit999 said:

We have responded against the restrictions but they have not specified what they will be in the letter. I just don't see how they can enforce any sort of restrictions on the main roads of the development, its going to cause carnage. 

This is quite normal.  The consultation process very often asks "1. Do you think there is a parking problem?" and "2. Do you think we should do something about it?".  That's it.

The expected response is "Yes" and "Yes" - in which case the landowner/council will feel they have all the justification they need to implement any parking controls they want.

The alternative approach of "Here's our detailed plan of parking controls, do you agree with them?" invariably results in a mixed bag of "Yes", "Maybe" and "No", with lots of individual suggestions for tweaks and alterations.  Which is hard work for the organisation doing the consultation to deal with, and then use as justification for charging residents a £200 "fine" for parking in the wrong place. [/cynical]

Noneforit999

Thanks for the replies thus far, to answer the question from robatwork, I have no idea if they are private or adopted. Is there somewhere I can find out?

Section62 - Appreciate the detailed reply, I am awaiting a reply from them about what the plans are for the enforcement. Tried to call but they are always out on site visits so trying to speak to the management company is impossible as they don't return calls either. 

I guess realistically they have two options, double yellow line the roads but this will just push the problem elsewhere or have permit parking and start issuing fines for those who park against the rules, i.e. on kerbs etc or fail to display a permit.

Permit parking is going to cause issues also as the roads are narrow so if people end up parking on the road rather than two wheels on the kerb, its going to make navigating the estate difficult and a fire engine would struggle to get through also.

I fear the complainers are going to end up cutting off their noses to spite their faces somewhat here. 

Worst case I can clear the garage and use it, its not ideal but some have converted their garages into play rooms for kids etc so its going to cause carnage no matter what they do 

user1977

Noneforit999 said:

Thanks for the replies thus far, to answer the question from robatwork, I have no idea if they are private or adopted. Is there somewhere I can find out?

If they were adopted then it would be the council in charge and asking the questions, not the management company.

Slinky

If it's been adopted by the council, I very much doubt the local council will be interested in getting involved in the issue. We have a problem with people visiting the nearby park parking carelessly in our close and blocking access for bin wagons and emergency services.  I enquired about getting double yellow lines on one side for about 20 yards which would stop the worst of it. The council told me that it would cost about £6K to implement what with the cost of the consultations etc. The annual budget for the whole town is £1K so there's no chance of us getting the yellow lines.

canaldumidi

Anything in your deeds? Might be a restriction against commercial vehicles for example.

Have you spoken to others? What do your neighbours think?

Group responses are more powerful than individual ones......

[Deleted User]

Seems like the issue is that the builder made the garages too small (very common problem in new builds) and didn't provide adequate parking for the flats.

You shouldn't be negatively affected by their mistakes.

Section62

Noneforit999 said:

Section62 - Appreciate the detailed reply, I am awaiting a reply from them about what the plans are for the enforcement. Tried to call but they are always out on site visits so trying to speak to the management company is impossible as they don't return calls either.

The usual approach is to farm the enforcement out to a parking service provider - that way the landowner/management co avoid the risks of reputational harm and/or legal mistakes, and get to say (with a straight face) "nothing to do with us" when you complain to them about the petty enforcement being done.

Even with clamping no longer being an option on private land (E+W), there is still plenty of money to be made in the business.

Noneforit999 said:

Worst case I can clear the garage and use it, its not ideal but some have converted their garages into play rooms for kids etc so its going to cause carnage no matter what they do 

If the council had been on the ball the original planning consent would have conditions meaning garages had to be kept available for parking, rather than being converted, and permitted development rights would have been withdrawn.

If that did happen, then if those who have converted their garages more recently don't have planning consent (or building regs) then it could indeed be carnage of a particularly unneighbourly kind.

Jenni_D

Pound to a penny they're looking to engage a private parking company (PPC) to issue invoices ... and the only people that will be affected are residents who (probably) already have an unfettered right to park.

If they want to change your (collectively) lease or deed terms then they must conduct a vote per the Landlord and Tenants Act, the vote must be supported by at least 75% (I think - might be higher) of the total eligible votes and not rejected by any more than 10%. Make sure this process is properly followed - a consultation letter seeking opinions does NOT count as authorisation to make changes.

(The MA might try to use a "reasonable measures for the benefit of the estate" clause - this is a nonsense because there's nothing reasonable about being charged £100 for parking where you're already allowed to park). 🙄

nicestrawb

Absolutely do not agree to it and make sure no one else does. On the parking board some people are taken to court for thousands of pounds simply for parking in their own spaces.
At the end of the day, the problem is too many cars and not enough space and screwing people for money is not going to fix that, and they know damn well it won't.