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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I live in a neighbourhood of terraced houses. up the road is

Resolved Question:

I live in a neighbourhood of terraced houses. up the road is a visitors car park - about 5 years ago a woman moved in up the street with her 2/3 children. about a year or two ago a partner moved into her house - he works electrical company and has a large van which he parks at the entrance to the visitors car park as he does not want to park in the visitors car park as he has valuable 'stuff' kept in the van overnight. However, where he parks his vehicle makes it extremely difficult and dangerous exiting the car park as you cannot see cars approaching and there have been a couple of near misses (this happens no matter how slowly you go out of the car park!). My daughter, who recently passed her test, and a couple of other people have had the same experience so I wrote a very polite note and put it on his vehicle asking if he could park his van in the visitors car park as where he parks it is causing some concern. He has ignored this note and still continues to park at the entrance of the visitors car park. My question is if there is an accident who would be liable and could we cite his van as being part of the accident? this is something which concerns me highly as I said my daughter has recently passed her driving test and if she has an accident her insurance will shoot up next year..... I am of course concerned about her as well ;o) so the upshot is where do we stand legally if there is an accident and whose fault would it be?

Also is there some wording that I can use that would not be threatening if you find that we have every right to cite his vehicle as causing an accident.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

please let me know whether the property is leased? Who owns the car park?

Customer:

The car park is use of the occupier's and visitors as the occupiers have designated parking spaces marked out and all other spaces are .

Customer:

The property that the man occupies is rented.

Customer:

by his partner I believe

Alex Watts :

Ok - is your property leased? Ie is the parking space provided by the management company?

Customer:

As far as I know that the spaces are not managed by a property company - I certainly don't pay a property company on a regular basis how would I find out?

Alex Watts :

Is your property leased? If the space included on your deeds?

Customer:

no property is mortgaged I would think that the council probably owns the area that is not marked use... I would have to look at my deeds which are at home at the moment. I know I own my parking space in the car park...

Alex Watts :

Can you do that please?

Customer:

ok will get back to you tomorrow

Alex Watts :

Thanks

Customer:

Morning - I am reading that the Thames Test Valley have overall responsibility but should there be maintenance work that needs to be taken i.e repairs then we, the residents, will be charged work carried out. BTW I can only see one line at a time of your response is there a better screen to see your responses?

Customer:

Thanks

Alex Watts :

Ok, so it is shared? Is there anything in your deeds that says not to cause nuisance or annoyance to others etc?

Customer:

It refers to brown land which is shared blue land which is immediately outside of the garage or residents parking and outside the back gate. I have not seen any information about tha nuisance or annoyance of others regarding the parking outside of the houses or in the car park itself.

Alex Watts :

Ok. Your options are limited then

Alex Watts :

Usually if its shared there may be something in the lease that says not to cause annoyance etc. That would give you a direct cause of action in terms of the condition on the deeds

Alex Watts :

Now you have to complain to the Council or Police. Only they can take action.

Alex Watts :

It may be a pain that the person is parking but unless there is anything in the deeds only the Police and Council can do anything

Alex Watts :

The Police may not if it is private land and does not cause an obstruction.

Alex Watts :

The Council may or may not doing anything depending if they can put lines down. If its private land then they can not.

Alex Watts :

The only other cause is possible nuisance. But this would usually be noise etc.

Alex Watts :

You should get a Solicitor to write and set out your position and say unless the van driver stops causing the nuisance you will seek an injunction

Alex Watts :

If he refuses then you can issue proceedings.

Alex Watts :

You would need to complete

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court will list the matter and decide whether to give an injunction

Alex Watts :

Can I clarify anything about this today please?

Customer:

so the upshot is that I cannot do or say anything. I am just concerned that if there is an accident I/we should be able to cite his van as causing the accident - but I/we cannot do that?

Alex Watts :

Indeed. That would be negligence then and you could bring a claim which would be more succesful.

Alex Watts :

Then you can claim against the van owner.

Alex Watts :

Does that help?

Customer:

Ok brilliant I am getting my daughter to get a load of pictures together showing how difficult it is to see other cars approaching and from the other driver's point of view approaching the car park so that we have this ahead of time should it happen.

Customer:

Thank you so much

Customer:

makes my happier if we can use the van owner as the cause of the accident.

Alex Watts :

Happy to help. Can I clarify anything else today?

Customer:

No that should do it as long as I know I can cite his van as the cause of the accident then I am happy should that happen.

Customer:

Thanks again

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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