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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a property in Pacific Close Ocean Village Southampton

Customer Question

I own a property in Pacific Close Ocean Village Southampton Hants SO14 3TX. This property is on private land.
I have parked cars outside my home since 1997, the builder who sold me the property Linden Homes, at my request, converted the garage into a Kitchen, I have 1 allocated parking spot, Linden homes had informed me that the tarmac area outside my garage would be ok to park on, I have been parking 2 cars on this area since 1997 on a daily basis.
A letter was sent to me in 2012 by the managing agents stating that the area I park my car was for communal pleasure purposes and I could no longer park there.
The managing agent has taken a contract with Premier Park who have issued 3 parking charge notices in short order over the last week.
We have 2 cars, the on street parking is hit and miss, and is intended for visitors, I have tried selling my home but buyers walk away because of the 1 parking space.
I love living here, I do NOT want to leave but this issue is affecting my wife and I, the cars do not hinder anyone parked as stated, I have never seen anyone using the area which is described as the "quadrangle" by the managing agent. A google earth scan will give an idea of how the area is used, I feel persecuted.

Could you please advise, I have not replied to Premier Park.

Kind regards XXXXX [email protected] XXXXXXXXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are there signs we parking charges and penalties please?
JACUSTOMER-kbvcs7mc- :

Yes Joe

Alex Watts :

Who owns the parking spaces?

JACUSTOMER-kbvcs7mc- :

I own (998 year lease) 1 parking space.

Alex Watts :

In that case its bad news.

Alex Watts :

Unless you can agree to lease a further space I am sorry to say you are only entitled to once space

Alex Watts :

The Landlord is within his rights to issue parking charges if the signs are not obeyed.

Alex Watts :

Sadly there is no way forward unless you negotiate a further space

Alex Watts :

But in law you are only entitled to 1 and the Landlord is free to issue charges for others.

Alex Watts :

I am very sorry that this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

You sadly have no right to park an additional car no matter how long you have used this previous.

Alex Watts :

But speak with the Landlord he may lease you an additional space

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-kbvcs7mc- :

Any advice on the issue of letting Premier Park go ahead and sue I have made no reply to the parking Charge notice?

JACUSTOMER-kbvcs7mc- :

Any advice on the parking charge notice I have not replied to them I understand they can sue on contract law. Joe

Alex Watts : Sadly Joe they can sue yes. Your only defence is that the charge is unreasonable and amounts to a penalty.
Alex Watts : I am sorry it is not better news.
Alex Watts :

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