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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have two private car parking spaces which are associated

Customer Question

I have two private car parking spaces which are associated with an apartment that we own.
If someone parks there with out my permission and prevents me being able to use this, what are my rights?
What can I do about it?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if the parking space is demised to you with your flat (i.e. you own it) or do you just have rights to park there under your lease?
Customer: replied 1 year ago.

They are demised to my wife and myself who are joint owners of the flat

Expert:  Joshua replied 1 year ago.

thank you. There are three principal ways in which you can consider dealing with the matter which with your permission, I will outline in turn:

    1. if the problem is being created by one particular individual rather than multiple individuals, and you know that individual is, you could serve notice on that individual to cease and desist parking your space failing which you will apply for an injunction and costs against him. An injunction is a court order requiring him to cease and desist and failure to observe a court order, can result in ultimately custody as it is treated as contempt of court. In order to apply for an injunction, you would need to have evidence of the behaviour you complain of such as a log of events, photographic evidence and a notice served on the individual asking that he ceases to parking your space. To apply for an injunction, you will need the following form:

      http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=402



  1. an alternative approach is to install a bollard restricting access to your parking space which can be secured with a padlock. some leases contain a provision allowing you to install such a bollard without consent of the landlord though many leases will not contain such a provision and under these circumstances, you would need consent of the landlord before you installed the same but they cause little damage to install and are widely available from hardware shops.

  2. The third approach is to either operate on your own or propose a general introduction of parking controls. There are many schemes available which allow you to erect signs warning not to park and for you to self issue private parking tickets to individuals who contravene the notices. The parking company then pursues individual and gives you a share of the revenue of successful claims. There are many such companies offering such a services. This is just one example:
    http://issueparkingcharges.co.uk/

I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful

Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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