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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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I live on a site which is a housing association for the elderly.

Customer Question

I live on a site which is a housing association for the elderly. Parking has always been a problem here - there just isn't enough spaces for everybody to have a parking space. Thankfully not every resident has a vehicle. Recently (about three months ago) signs were erected that states, 'Residents' Parking Only'. However, the site manager has stated verbally that the visitors to the site can also park in the few bays that are available. Often I can come home and find there is nowhere close for me to park because a visitor to another property has taken a space. Under the terms of my insurance I stated originally that I have a place to park which is a bay but not my permanent bay (in other words wherever I can get into). To change my insurance to also park on the road with limited width (two cars width approximately) would cost me money which quite frankly I don't have. There have also been occasions where the nearest vacant space has been in another part of the road which would mean a walk of perhaps up to 150 steps minimum. No problem for me because I am in fairly good health but then again who wants to walk a distance in the dark? That is what I've been told to do is to park in the nearest space available. What really bothers me is that I've often parked on the road until the visitor has gone and then I've gone out and put my car into a space. This has been in the darkness of night and frankly I'm afraid to go out at night. There have also been four occasions where I've had to go out in the early hours of the morning because of my elderly parents having been taken to hospital. (My father is prone to falls and my stepmother to heart problems). During a conversation with a gentleman a few weeks ago (a stranger who said he was a retired solicitor) informed me that should I have an accident (not planning on having one of course) or get attacked whilst putting my vehicle into a parking space at night the housing association could be liable because of the site manager (and also her immediate superior) have said that parking is also for visitors to the site. In actual fact there is one sign only amongst the others that states for both visitors and residents and this is at the entrance to the road. I really feel that these parking spaces should be for residents only and that visitors should park on the road and am fighting the decision at personal expense such as I'm not very popular with the management at the moment. Could I in reality put an argument to them that they may face possible litigation for their stubbornness in not seeing that we as residents should have the parking spaces and not visitors to the site?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a solicitor with 20 years experience. I will try to answer your question.

Customer:

I don't think you could take action against the Housing Association if you are the victim of a crime - any action would be against the criminal or a claim on the Criminal Injuries Compensation Board. There is a clear legal principle that third parties are not responsible for the crimes of third parties.

JACUSTOMER-w6p0utet- :

Ok. But what about if I had an accident? Say I fell off the kerb and broke a bone?

Customer:

I also think it very unlikely that you would be able to sue the HA if you had an accident on land that was not theirs. If the accident occurred on their land due to eg poor lighting and poorly maintained pathways then you might well have a claim but if it is on the public highway then again your action would be against those responsible for maintaining the highway (ie the local authority or the Highways Agency). I think you will not be able to make credible representations in the way that you hope to.

JACUSTOMER-w6p0utet- :

This is part of the problem. Unfortunately I don't know that the HA owns the land which makes up the address I live at but not sure about the road and the parking spaces. I've had no straight answer as to ownership and this is part of the problem. Does it belong to the council or the HA is anybodies guess.

JACUSTOMER-w6p0utet- :

Sorry I should have said the land belongs to the HA.

JACUSTOMER-w6p0utet- :

I'm sorry but I feel again that I've not been taken seriously. Yes you've given me some information and I thank you for that but to go offline during my conversation feels like I've had the door slammed into my face. Perhaps if I'd paid a higher fee then I might have not had this happen. I had only one more further question to ask but your expert going offline had prevented me from doing this. I bet you won't put this comment onto your site. Very disappointed!

Customer:

I didn't deliberately go off line during this conversation. I think I have answered your question. If you have an accident on land owned/managed by the HA then you might well have a claim against them if it is due to their failure to maintain etc. The fact that are unable to park outside your accommodation will have no bearing on this. If you would like any more information then please let me know.

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