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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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i have been living in a private owned land estate for 2 years

Customer Question

i have been living in a private owned land estate for 2 years now without any issues of parking, in recent times the flats that lay empty within the area have now been filled and of course parking has become a issue with some of the residents who have moved in. i have my own company van which i have parked outside my home in this estate without any interferance for all that time, the letting agency at the time never mentioned anything about company vans being parked or second vehicle parking, although i do have a allocated parking bay for my private vehicle. my suspicion is someone has been complaining to the company that manages the land for the owner about the parking of vans on the estate hence my reluctance after all this time to relocate elsewhere, they have issued a few later stating that vans are not allowed within the estate and the latest stating that they are bringing in a company to manage the parking within the area!!..i have read a lot about private parking companies and the disregard the public should treat them with!!.. i feel after lving here for so long its unfair to all of a sudden be forced into parking say in another part of the town to have to walk to my home from there!!..
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What would you like to know about this?
Customer: replied 3 years ago.

if the estate brings in private parking company to start to issue tickets for vans being parked within the area outwith set times stated by them can i ignore the tickets issued from them!?? i feel my rights to live peacefully have been viloated, although in their defence within the tennacy agreement there may be a section regarding this although it has never been enforced until now!!...if it was clearly stated to me at the time of taking on the agreement with the letting agency that my parking of a company vehicle would be a issue at some point then i would have reconsidered moving in!! i have lived here now for near as 3 years and i feel the actions of possibly a tennant complaining about the parking has caused this knee jerk reaction where as before we all just got on with it and parked where we could!! im i legally within my rights to ignore any tickets issued from parking companies!?? i would consider taking it to court if i had too to state my case!!

Expert:  Jo C. replied 3 years ago.
Thanks

This is really a property question not a traffic one which is not my area. I'll pass this onto somebody who can help for you.
Expert:  Stuart J replied 3 years ago.




That is me.

Can you tell me
whether you rent the property or whether you own it?



Do you know what
the lease says about the allocated parking space?



Has anyone
complained to you personally?



I am going to need
some more information before I reply in detail.



Customer: replied 3 years ago.

i rent the property!! there is also one allocated space for each flat within the carport area there is also marked visitors spaces with the carport areas!! ive attached letter sent to me recently!!

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Expert:  Stuart J replied 3 years ago.




Unfortunately, I
cannot see the letter. You can email it to me, , my name and UK law,via [email protected]

and it will be
forwarded to me. They are forwarded manually so it they could take up to 24
hours to arrive so please bear with me.



Meanwhile, can you
tell me whether the parking space is included in your agreement? Have you
spoken to your landlord about this?



Meanwhile, it
appears that you park to vehicles, a car and a van. One is parked in the
parking space and the otherwise part in the visitors space. Is that correct?



Can you tell me
what the landlord to lease says about parking allocation?



Customer: replied 3 years ago.

HI again!!


i havent received a satisfactory response to my question from yesterday!!?? i sent the attached letter file as you asked but i got a response stating the fact but nothing since!!..can you please tell me whats happening now??

Expert:  Stuart J replied 3 years ago.




I did
say that the document can take some time to arrive. It arrived at 1526, about
20 minutes ago.

I
obviously do not have the lease but if the covenants that they refer to in
their letter are indeed in the lease (the landlord will confirm) then you are
only allowed to park one car (not a commercial vehicle).



There
is another point, and that is that if you park it anywhere else, such as in one
of the visitor spaces, you're running breach of the covenant not to create
nuisance.



I'm
sorry to have to tell you that they are not all of a sudden forcing you into
parking in another part of town. The rule has been there all along, you were
either ignoring it or not aware of it.



I
agree with you that someone has probably complained about this, but
unfortunately, they do have something to complain about because you are
breaching the terms of the landlord to lease.



They
are allowed to bring in a parking company to manage the estate parking and to
enforce the covenants in the lease. Provided they put sufficient signage, any
penalty charges for incorrectly parked vehicles can be enforced in court since
1 October last year, under the Protection of Freedoms Act.



I'm
sorry, I appreciate that this is not the answer you wanted but there is no
point in me misleading. I have a duty to advise you truthfully and honestly,
even if that answer is unfavourable.






Does
that answer the question? Can I help further? Can I answer any specific points?

Please don't forget to
positively rate my answer service even if it was not what you wanted to hear. You
should now see a series of buttons which enable you to rate my answer service
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It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
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If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.



I am
off-line shortly but will pick this up later because I am on and off-line each
day and weekend so please bear with me.





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