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Buachaill, Barrister
Category: Law
Satisfied Customers: 10526
Experience:  Barrister 17 years experience
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I live in a block of flats where some flats are rented and

Resolved Question:

I live in a block of flats where some flats are rented and some are owned im a property owner and there has always been a problem in parking. So I had got a parking post installed in my parking space so that no one parks and I don't have any issues. In my absence of 4 days my parking post was removed by an estate agency and was given to a couple who moved in recently to their new flat within the building. When I arrived I was shocked to see that my pole was removed without asking me someone else was parked in my property. When questioned. The couple said the estate agent said it was their space and their space and removed the pole. How can I claim from the estate agent ? Is it possible to make a case against them for trespassing my property and removing my belongings ? Thanks
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
No need for a call right now just answer the question please as I just want to know what way I can proceed legally. Thanks
Expert:  Buachaill replied 9 months ago.

1. Dear *****, you can sue the estate agency here for damages for trespass and for removing your property. In law, it is a trespass to come onto someone else's property, such as their parking space and to remove anything of value, such as the parking post, without lawful authority. So, here you can claim compensation from the estate agency for their actions in allowing this couple come on your parking space and remove your parking post. Additionally, you can sue the couple who did so as well, as they parked in your parking space without lawful authority and they will be taken to have trespassed as well.

Expert:  Buachaill replied 9 months ago.

2. You can represent yourself or you can get a solicitor to represent you. A solicitor's letter to the estate agency claiming compensation would be a first step towards claiming money damages from them. If the estate agency don't then pay up, you can take them to court for damages.

Expert:  Buachaill replied 9 months ago.

3. Please Accept or rate the answer as unless you do so, your Expert will not receive payment for answering your question.

Customer: replied 9 months ago.
What would the compensation be ? Mainly return money for fixing the pole ? Also I am due to call them tomorrow as they don't know yet they have done this so what should I say to start off with ? What if they say they will replace the pole ?
Expert:  Buachaill replied 9 months ago.

4. If you can reach some acceptable concilatory settlement agreement with the estate agency, I would recommend this approach. You are better ensure that it is not repeated rather than seeking to obtain a lot of money. So, you should start by making clear that you own the rights to the parking space and it was your pole that was there, which was removed. Attempt to get the estate agency to see they have erred before you get into an emotional dispute with them. So, you should begin by explaining the situation and attempt to reach some form of compromise.

Customer: replied 9 months ago.
mainly you are saying If they agree to reinstall my pole then I should accept and that should be the end of it ? And make clear not to do it again?
Expert:  Buachaill replied 9 months ago.

5. That should be your minimum take away from the meeting with the estate agency. Essentially, you need to start by laying down that it is your parking space and if you can get some compensation, then that would be a plus.

Customer: replied 9 months ago.
Ok I have agreed with them to place my parking pole back in place
Expert:  Buachaill replied 9 months ago.

6. That is great, Mandy! Glad to see you got the problem resolved. Please Accept or Rate the answer as this is the manner in which the Expert gets paid by the website.

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Customer: replied 9 months ago.