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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How can we stop unauthorised parking in our jointly-owned private car park without erectin

Resolved Question:

How can we stop unauthorised parking in our jointly-owned private car park without erecting physical barriers or signs (numbers of the properties to which the spaces belong and lines outlining them are painted on the tarmac)?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you know who is doing it please?Alex
Customer: replied 1 year ago.
we know who the main culprit is - he lives just two doors away. The other offender is a regular visitor to a nearby house, but we don't know his name.
Customer: replied 1 year ago.
I have just seen the offer of a live discussion by phone - does this cost me another £38? I haven't yet got "100% Satisfaction Guaranteed" for my original £38 yet as I have only so far been asked one simple question....
Expert:  Ash replied 1 year ago.
Ok, you need to write (or get a Solicitor to) and ask the persons you know to stop and the ones you dont, put a note on the car, or say you will get an injunction.If they refuse then you can issue proceedings and seek an injunction for them to stop.You would need to complete form N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe court would list the matter for hearing and decide whether or not to grant an injunction. If the Court does and they still park there then this is contempt of Court and could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I have just seen the offer of a live discussion by phone - does this cost me another £38 in addition to the original £38? I ask because whilst your answer so far is helpful in general terms the situation is a bit more complicated because of the joint ownership of the car park and a telephone conversation could quickly clarify this and a couple of other issues....
Expert:  Ash replied 1 year ago.
its an additional service, but you can keep it online if you prefer. Alex
Customer: replied 1 year ago.
Thank you. So, the situation is this:- Our car park is on a residential estate; it is jointly owned by seven households, the numbers of which are painted on the tarmac of the car park as mentioned earlier and each household owns its parking space(s) outright. There are two additional spaces marked with the letter C, jointly owned by the seven of us, which are for visitors to any of our seven houses. Both the numbered and C spaces are used by the unauthorised parkers. In addition, the main culprit's wife/partner, children and visitors also invade our car park. (As an example of the main culprit's attitude - a couple of weeks ago he drove in to the car park and parked his car in a random numbered space. My son happened to be cleaning his own car (parked in my space with my permission, of course). As he walked past my son, the main culprit said "If anyone complains about me parking there tell them to f*** off on my behalf will you?" My son said nothing, but even the person with the culprit said to the culprit "That's not very neighbourly". Clearly, each of we seven joint owners could apply individually for separate injuctions against each individual transgressor but that would be tedious in the extreme. So my question is would it be feasible for us to make a group application against the main culprit, his household and visitors in one injunction, bearing in mind that it will be highly unlikely that all seven joint owners will agree? Would an application for an injunction from a majority of the seven be sufficient to keep them out of the relevant numbered spaces and the jointly owned C spaces? Sorry for the length of this!
Expert:  Ash replied 1 year ago.
the application supported by the majority will be sufficient. Even one person could bring action.Does that clarify?Alex
Customer: replied 1 year ago.
are you saying that if one person brought action, the injunction would cover all the spaces belonging to all seven joint owners and the jointly owned C spaces?
Expert:  Ash replied 1 year ago.
Correct it can. That is correct. Does that clarify?Alex
Customer: replied 1 year ago.
if I were to apply for the injunction, do I have to get permission from the other joint owners since, as you say, it will stop the transgressors from parking in their spaces as well as my own?
Expert:  Ash replied 1 year ago.
No. You can do it yourself. Does that clarify?Alex
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Customer: replied 1 year ago.
Thank you very much. This gives me the confidence to engage a solicitor to proceed with this at some point.
Expert:  Ash replied 1 year ago.
Thanks and good luck. Alex