Renting parking space in Private property since 2014, with new managment take over, threats begun!

KXL88

Hello MSE,

My first post, unsure if this is correct place to post, but I I hope so, please move if its not.

As the title suggest I've rented the parking space only in an adjacent private apartments for some years now. I rented it from the RTM estate director. I have a signed contract between myself and him He resides abroad mostly.

Since early 2020, the estate had a change in managment, and new directors of the RTM were voted in, and managment of the apartments were somewhat now outsourced to a housing company, despite the apartments being under a RTM.

I've been parking there since 2014, where the person I rented from was the director of RTM. From Feb 2020 he was no longer.

The new directors and the housing company are now (only in December 2021) in touch with me (I don't know how they got my email), and stated that the person I'm renting the space from is no longer the director, and therefore his parking space is no longer his and I am not permitted to park, else they will seek legal means to remove my car (probably by towing).

Both myself and my parking landlord has sent the contracts between myself and himself to this housing company almost a year now, but nobody made a fuss.

The person I've rented with has been helpful (after the onset of threats) and has reponded to the threats by sending them his signed parking assignment from the landowners for exclusive use of the parking space, with the conditions of no service charges payable for X number of years, even if he is no longer director but as long as he still owns the flat there (obviously) and that a fob would be free of charge always. The housing company originally mistakenly sent a service charge invoice with service charge payable, but later correct it to no charge after having received the parking assignment (and conditions) and has matched this to his alloted space which I'm renting. For me, that confirmation by accounts signifies that they have accepted my parking landlord DOES have that assigned space to his name. He stated that this parking assignment cannot be retrospectively removed by new directors, or the housing company. They would at least need to write formallly to him to do so, and renumeration may need to happen first etc.

It gets better, the main gate has been broken, however now they have fixed it, and now my car is locked it, as they would not give me the new remote! My parking landlord is aware and he's requested it from the housing company, but Person B has refused stating again, he's no longer the director, and doesn't have parking assignment, and he should challenge this in court if he thinks they are incorrect etc and his tennant car needs to be removed. However we deal with 3 people in that housing company, Person A, Person B and Accounts dept. Person A and B had received the parking assignment, and person A has forwarded this to accoutns and they are aware about this parking assignment, hence the change to £0 in parking service charge. However person B, maybe under pressure from their sponsering directors/leaseholders have stated I'm not permitted to park there. 

Things to note, the new directors hate my parking landlord's guts, so maybe that's why they are making things very difficult.

My questions really are (if there are any legal minded people here). Am I parking there illegally? Can they dare to tow the car despite being on private land? (Car is taxed, insured, parked in the designated bay, and no parking fines whatsoever). Car has been registered via the parking system on ANPR, since there have not been any PCNs.

Thank you

Half_way

They can not tow, or impound.
Who is your contact to park with?
The owner of the space, or the management company that has now changed?

KXL88

Half_way said:

They can not tow, or impound.
Who is your contact to park with?
The owner of the space, or the management company that has now changed?

My contract is with the owner of the space (he has the parking assignment document signed by the landowners in his name).

The management company (while contradicting themselves on several counts) does not own the space, but at least 1 member of staff there is not accepting his document of parking assignment. I do not really know who is correct. 

Umkomaas

I really think you need legal advice. You might get some for free from the LegalBeagles forum before seeking paid-for advice. 

KXL88

Umkomaas said:

I really think you need legal advice. You might get some for free from the LegalBeagles forum before seeking paid-for advice. 

Thank you, I did ask a solicitor (would that be legal advise?) but more with regarding whether they can tow my car. The solicitor said, as long as I have

1. signed contract with owner of spot

2. owner has assignment of parking of that spot

3. The new housing / management company has NOT written officially to remove that parking assignment

4. car is taxed, MOT, insured, no outstanding parking fines etc, not parked dangerously.

Highly unlikely they will NOT tow and my contract with the parking Landlord stands.

And if they (assuming new directors / housing managmement company) are daft enough to tow

1. Call the police to see where is been towed, and try to get the car back.

2. Instruct them (solicitors) to get involved, they will write a letter, instruct a laywer, and we can claim back from them (assuming in court).

3. I would need to (of course) pay a hr fee first, for them to do the work, but very high chance of claiming back the money, which is enough to not be out of pocket (and maybe more).

KXL88

Sorry, I don't know how to edit it, but I meant

'Highly likely they will NOT tow and my contract with the parking Landlord stands.'

Coupon-mad

Did the solicitors not know that private clamping, towing and 'blocking in' (preventing a car from leaving) is illegal and has been a criminal offence since 2012?

Read the barrier exemption in Section 56 of the POFA 2012.  I don't think the gate is exempt because they are not using it as a barrier to make sure you pay a parking fee.  

In my view (I am not legally trained) they have illegally blocked your car in.

KXL88

Coupon-mad said:

Did the solicitors not know that private clamping, towing and 'blocking in' (preventing a car from leaving) is illegal and has been a criminal offence since 2012?

Read the barrier exemption in Section 56 of the POFA 2012.  I don't think the gate is exempt because they are not using it as a barrier to make sure you pay a parking fee.  

In my view (I am not legally trained) they have illegally blocked your car in.

Yes thank you, yes the solicidtor did mention it was illegal to tow on private land since 2012. Now it may sound strange, but I'm not too fussed with my car being 'stuck' inside for the next couple of weeks (as I'm going on holidays). It would have been worse the other way, stuck outside and no means of parking it nearby (without incurring a large hourly parking cost during working hours). Just afraid they would tow when I'm not there. Saying that, there was another resident's who's car was towed and sold off within a week while they were stuck abroad due to pandemic. However I beleive that one's tax or insurance ran out, a bit shameful that the new directors/housing managment company pushed that though, but i believe it was the local authority who towed it, and legally so....