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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10400
Experience:  I have been practising for 30 years.
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I live in a small block of flats with private parking i a a

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Hi i live in a small block of flats with private parking i a a medium size van which i have been parking there since i lived at this address circa 15 hears now apparently on the lease say no Commercial Vehicles and the management company has threaten to remove the van if i still park question is : can they just remove the van a private property with out any uficial authorization?

Have you checked the lease to see whether it says that it says for private vehicles only or have it specifically exclude commercial vehicles?

You say that you done this with 15 years, has anyone else parked a van in the same spot before you and if so, for how long?

Customer: replied 1 year ago.
the lease say no commercial vehicles and someone else park his van as well as me not sure how long has been doing it i suppose since he rented the flat

If you had parked in this location, including the time that any predecessor of yours part, and you had done so for more than 20 years, then under the rule in a hall & pickles, then the covenant would no longer have been enforceable.

It is not sufficient that someone else parked somewhere else for 20 years, it needs to be the owner of your flat in this position.

However, if it’s less than 15 years, you cannot rely on that case law.

To answer your question as to whether this is enforceable, I’m sorry to tell you that the answer is that it is.

They cannot simply cart your vehicle away without warning but they have now given you warning. However, if they do cart it away, they are going to have to tell you exactly where they have taken it. They cannot charge you for storage unless they have told you that unless you remove the vehicle, you will be charged for storage.

What could actually be worse is that they apply to court for an injunction to stop you parking and they asked the court to award costs against you because that could easily cost you a couple of thousand pounds in court costs alone.

As you have been parking therefore 15 years, it seems likely that someone has raised a complaint having already looked at their lease.

I am afraid that there is no easy remedy, in circumstances like this, to allow you to continue to park a commercial vehicle there. I’m sorry, I wish I could give you a better and more favourable answer.

If someone else’s parking a van currently and no action is been taking against the other person, there is actually nothing you can do about that other than to make your own complaint provided you are not being discriminated against for any of the statutory grounds such as religion, sex, race etc

Can I clarify any points arising from this for you?

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Best wishes.


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