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PCN - parking in my own space

17810121320

Comments

  • Yes and I have also mentioned harsssment in my case to.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I understand his indignation, but we have seen so many "own space" cases fail because of failure to put in the hours.


    If you owned the land OP you could take them to the cleaners, but you do not. Car parks, playgrounds, tennis courts, corridors, stairways etc. are all "common parts" over which you have been granted access. The MA can allocate a different space for you to park at any time.
    You never know how far you can go until you go too far.
  • @ the deep, ok fair enough. But even if don’t own the land which obviously I don’t, how would I go about fighting this if need be? Like I said, my lease states each apartment is allocated it’s own parking bay which corresponds with the flat number. I don’t actually have a plan of any sort in my lease though.
  • Also there is nothing in my lease that states the management company can change anything, I.E parking etc. I also have a property information form which was signed by the managemt company and in this form, the questions asked wether the car park was restricted and required permits , in which the management company owner ticked NO. He also signed this , dated 2015. This was before the parking company was introduced obviously. Surely this document will help my case ?
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    Yes, this will help you
    You will of course defend any claim on the basis that your lease makes no requirement for you to:
    1) display a permit in order to park
    2) enter into a contract with the third party in order to park
    and so on.

    Sure there is no "from time to time" anywhere? No possibility that the MA can bring in reasonable regulations, make changes etc? Do you have exclusive use of the space?
  • System
    System Posts: 178,077
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    Community Admin
    Surely this document will help my case ?

    That is likely to.

    The courts sometimes take a bit of a shortcut when deciding these cases and decide that if the parking scheme was in existence when the lease was signed, then there was pre-existing expectation of parking control.

    If there was no parking control when you signed your lease, then they usually take it that the MA is interfering with a lease - unless there is provision as mentioned in the Link v Blaney case.

    Have a chat with the RA guy as they will be in the same boat as you.
  • Nothing in my lease that suggests the managent company can change the parking of any sort. The only thing it says they have permission to change is if they need to do works on the property or build an extension etc. On schedule 2: The rights it states in my lease ..... use of retained parts - the right for the tenant and all persons authorised by the tenant to A.) To Park a private motor car or private motorcycle belonging to the tenant or its visitors in the parking space.
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    I did NOT MENTION PARKING! This is one of your issues - youre inserting words and making assumptions.

    I said ANYTHING to do with introducing regulations / making changes to the common areas etc.
  • Yes like I stated to you, the only thing in the lease as far as I can see so far is they have permission to change or alter the property in terms of extensions or building other residential properties etc. Basically gives them permission to do building works etc. Has absolutely nothing else in regards to changing anything.
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    I suggest you host a redacted copy somewhere

    We have had multiple assurances in the past, only to find out the leaseholder had missed something.

    It would be most unusual to not have any capacity to make changes to rules for common areas.
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