Right to park on freehold deeds - potential infringement

sheramber

BasilFawlty said:

How to get this moved over to parking?

Use the report button at the bottom of the post

KittenChops

this thread is now in the parking sub forum

BasilFawlty

Thanks for that. Any parking aficionados on here who have a similar or different take on the situation?

Coupon-mad

BasilFawlty said:

Thanks for that. Any parking aficionados on here who have a similar or different take on the situation?

Read this:
http://parking-prankster.blogspot.com/2016/11/residential-parking.html?m=1

and this:
https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

and Kettel v Bloomfold:
https://www.casemine.com/judgement/uk/5a8ff7ba60d03e7f57eb18e0/amp

Liaise with the neighbour(s) who does have legal protection on their House Insurance (there will be some) to lead the way to threaten an injunction.

Or act alone and get a solicitor to send a letter for you.  This is derogation from grant and they MUST restore your rights of way, access and parking rights or you'll get an emergency injunction and sue the MA for the costs and damages/loss of grant and amenity.

BasilFawlty

Coupon-mad said:

BasilFawlty said:

Thanks for that. Any parking aficionados on here who have a similar or different take on the situation?

Read this:
http://parking-prankster.blogspot.com/2016/11/residential-parking.html?m=1

and this:
https://www.consumeractiongroup.co.uk/topic/324523-ukpc-issuing-pcns-on-our-private-business-land-without-a-contract-off-to-court-ukpc-liable-for-trespass-success/

and Kettel v Bloomfold:
https://www.casemine.com/judgement/uk/5a8ff7ba60d03e7f57eb18e0/amp

Liaise with the neighbour(s) who does have legal protection on their House Insurance (there will be some) to lead the way to threaten an injunction.

Or act alone and get a solicitor to send a letter for you.  This is derogation from grant and they MUST restore your rights of way, access and parking rights or you'll get an emergency injunction and sue the MA for the costs and damages/loss of grant and amenity.

Thank you, I have already started the ball rolling on the legal advise front. I get the use of it through my membership to a fund.

In the meantime, do I have to do anything or do I just send the stuff to a solicitor and get them to write the threats? Should I be writing to any of the residents or the MA?

Not really my concern but there are residents paying large sums for something they are unaware they have no right to

Coupon-mad

There's power in numbers.

Write to all residents.  Letters through doors. Call a meeting.

Start a group WhatsApp and invite them.

Their lease is being undermined.  Your properties' value and marketability will be affected.  The bollards must be removed and any payments made refunded.

Also, to add to the advice already given, you could try reaching out to a local University pro bono law clinic.

Most are starting up again this week for the academic year, with final year law students supported by pro bono lawyers and barristers, e.g. here's one in my area (Sussex):

https://www.sussex.ac.uk/schools/law-politics-and-sociology/about/law/clinics#:~:text=Our%20Law%20Clinics%20are%20a,a%20variety%20of%20legal%20issues.

Got to be worth a try. Free legal advice for local people. Find your nearest University Law Faculty; they almost certainly advise on next steps for cases relating to this sort of dispute.

BasilFawlty

Coupon-mad said:

There's power in numbers.

Write to all residents.  Letters through doors. Call a meeting.

Start a group WhatsApp and invite them.

Their lease is being undermined.  Your properties' value and marketability will be affected.  The bollards must be removed and any payments made refunded.

Also, to add to the advice already given, you could try reaching out to a local University pro bono law clinic.

Most are starting up again this week for the academic year, with final year law students supported by pro bono lawyers and barristers, e.g. here's one in my area (Sussex):

https://www.sussex.ac.uk/schools/law-politics-and-sociology/about/law/clinics#:~:text=Our%20Law%20Clinics%20are%20a,a%20variety%20of%20legal%20issues.

Got to be worth a try. Free legal advice for local people. Find your nearest University Law Faculty; they almost certainly advise on next steps for cases relating to this sort of dispute.

Right, I'm in the process of a draft letter to residents. I've spoken with a few and they're very supportive and as angry as I. One has LP and has volunteered it as and when my paid for legal advice runs dry.

Should I at this stage be writing to the MA sans legal advice demanding an end to this breach of easement with threat of legal action if they refuse, or should I wait and seek legal advice before I show my hand and contact them in the first place?

Would there be any use in my copying and pasting my draft letter to residents on here?

Grizebeck

Tbh I am surprised you haven't acted already.

BasilFawlty

Grizebeck said:

Tbh I am surprised you haven't acted already.

I've acted without thinking and without careful consideration of my options many times. It's never ended well for me.

Anything I say now can and will be used against me. I want to know that what I say is correct and proper.

Fruitcake

You might find a solicitor that does a free hour or half-hour consultation near where you live.

As far as complaints (and threats of legal action) from residents, multiple complaints from individuals are more effective than one complaint with nine or so signatures. If there is more than one resident at each property, then they should complain separately. Bespoke complaints are also more effective than a template.

Everyone should also complain to their MP.