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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent a room in a block of flats and ride a motorcycle. Having

Resolved Question:

I rent a room in a block of flats and ride a motorcycle. Having moved in the estate managers are insisting I park the bike in a bay which offers no means for me to secure the bike to anything. There are other free parking bays where I can secure the bike to a railing. They say they will have my bike removed if not put in this particular bay. There is nothing in my contract about parking bays nor any of the information on noticeboards. There are no signs outside to this effect.
Can they remove my bike legally from a parking bay for residents of the block of flats because it is a motorcycle and not a car?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Are you assigned a bay as part of the agreement please?

Customer:

No, it looks like quite an informal arrangement. There are blocks of flats within ground -not gated- with a number of blocks in. The one I am in is, I think, mainly for students at Cambridge living there fairly short term. The block I am in, called 'Mayflower House', has parking bays outside. Signs simply indicate parking areas for each block , so 'Parking for Mayflower House' etc.

Alex Watts :

Ok - the good news is they can not remove your bike

Alex Watts :

This is because only the Council has power to clamp and remove vehciles

Alex Watts :

Private firms which is this have NO authority to do this.

Alex Watts :

This changed under the Protection From Freedoms Act 2013

Alex Watts :

So they can't clamp or remove

Alex Watts :

If so it would be criminal damage and theft

Alex Watts :

The worst they can do is seek an injunction to stop yuo

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

On what grounds can they seek an injunction to stop me parking my bike securely in a car park for a property of which I am a resident? The area for motorcycles is not in anyway marked as a specific area for motorbikes -it is simply one parking bay that already has two (unused bikes in it)?

Alex Watts :

I dont see how they have grounds, but that does not stop them trying to apply.

Alex Watts :

I agree, they have no case and no lawful authority to ask you to stop

Alex Watts :

Does that help?

Customer:

Assuming the worst then, because they seem like petty bullies used to ordering vulnerable foreign students around- who would do they apply to? How long does it take? If I'm served with an injunction what are my immediate options?

Alex Watts :

The County Court.

Alex Watts :

You would get an opportunity to defend it.

Customer:

Could I lose and incur costs?

Alex Watts :

Yes

Customer:

Bugger. On what grounds could they have a case? How is it defensible?

Alex Watts :

I havent seen all the papers so I can not advise on the merits.

Alex Watts :

But based on what you have said, I do not think they have a case.

Customer:

If they served an injunction and I just back down at that point could I make a point but avoid costs?

Alex Watts :

No

Alex Watts :

They are still entitled to ask for costs as they have technically won

Customer:

What sort of costs?

Alex Watts :

It really depends, it could be £1000 or so

Alex Watts :

£5000 for a contested hearing

Alex Watts :

Can I clarify anything else for you?

Customer:

I think I just move house. Thanks.

Alex Watts :

They can't force you into it

Alex Watts :

Is there anything else I can help with today please?

Customer:

No

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