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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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In our residents parking area there are notices put up by the

Customer Question

In our residents parking area there are notices put up by the local council which reads. Private Residents parking only. Since a new family moved in their visitors are taking the parking spaces that the residents use. The local council have told me that they can not stop this happening as they can not enforce the resident parking only signs. I am disabled and I need to be able to get to my car with ease. I have be told that I can,t have a disabled space marked out for me. I need extra room to get in and out of my car. I have a blue badge and my car Tax is displayed as disabled. Please advise what I can do now. Thank you, ***** I come under Mole Valley District Council Surrey.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

Dear Jo,


What would you like to know.


 


I would like to know the legal rights concerning resident parking.


 


Thank you


 


 


 

Expert:  Jo C. replied 2 years ago.
Unfortunately, the local authority are under no duty to actually provide disabled parking spaces for residential property. There is a moral obligation but not a legal one.

However the local authority may be able to enforce parking restrictions and stop the visitor's parking in the residents parking area depending on the terms of the lease/tenancy agreements of the property. Just because it is a local authority does not mean that they cannot put in whatever restrictions they like provided it is allowed for in the tenancy agreement and prayer or if the properties are held on leases, provided the lease is allow them to put in what ever rules they like in the interest of good estate management. That would be quite normal.

Private developments like this use these Private parking companies all the time and whilst it is debatable whether the penalties imposed by them are enforceable in court they do provide a massive deterrent to stop people parking.

If the local authority will not put these measures in place, then make a formal complaint to the Local Government Ombudsman.

You can complain about the lack of disabled parking facilities at the same time and it would be worthwhile doing so although obviously, that disabled space would be available to anyone who is disabled and not just you. They would not be able to provide you with a dedicated space.

Can I clarify anything for you?

Jo

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