What's the law regarding this parking situation?
What's the law regarding this parking situation?
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Discussion

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
I'll try to keep it brief:

Long story short, my mother has bought a flat in a new build building in London, which comes with underground parking. She also paid for one of the spaces. She is currently lending that space to me for my car as I live permanently in London just down the road (it's not a car you'd want to park on the street in London) and she only visits London from time to time.

The rest of the car park (20 or so spaces) is EMPTY 99.9% of the time - most of the flats haven't been sold, the few that have, clearly don't have cars or haven't paid for a space.

When my mother comes to London, she parks in one of the MANY empty spaces, but she then gets emailed by the guy who works for the company who are selling the flats (or something like that) basically telling her to remove her car as she is not parking it on her space or he'll have it towed etc. Remember, the rest of the whole place is empty, all the time!

Is he legally allowed to get a car towed from what is a private car park? Does he have a leg to stand on? Or is he just being a prick for the sake of it?

I will add that my brother also parked his car in there for a while as well, but also wound this guy up by requesting certain things were fixed, seen to in the building etc, which clearly got the guy's back up so he has decided to make life hard for my mother re: this parking space situation.

Putting the petty squabble aside, is there any legal way this guy can get her car removed? Or should she just carry on parking in a spare space when she's in London and just put up with his emails?

(Also to add I am moving from my place in London to a place with a driveway where my car will live, but the move is taking forever)

vonhosen

40,597 posts

246 months

Wednesday 9th October 2019
quotequote all
I'm amazed you think it's OK for her/him to park in a space that isn't theirs just because it's empty. You pay for one space you get to use that space.

If she lets you use her space then she & your brother should park elsewhere outside.

Edited by vonhosen on Wednesday 9th October 09:08

Chris32345

2,141 posts

91 months

Wednesday 9th October 2019
quotequote all
Given how it's a private car parking I'd imagine he's well in his right to ask you to remove a car from a parking place you haven't paid for
You wouldn't go to a public car park and not pay for a ticket?

Not too sure about the towing your car away part

SpunkyGlory

2,388 posts

194 months

Wednesday 9th October 2019
quotequote all
Your mother has one space to use, uses two, and you're annoyed that she was asked to move her car?

Have you also moved into her flat, and she's using one of the others for the time being? They are empty at the moment after all.

Dave Hedgehog

16,332 posts

233 months

Wednesday 9th October 2019
quotequote all
vonhosen said:
I'm amazed you think it's OK for her/him to park in a space that isn't theirs just because it's empty. You pay for one space you get to use that space.

If she lets you use her space then she & your brother should park elsewhere outside.

Edited by vonhosen on Wednesday 9th October 09:08
entitlement, its becoming a national plague

drdino

1,320 posts

171 months

Wednesday 9th October 2019
quotequote all
UTH said:
I'll try to keep it brief:

Long story short, my mother has bought a flat in a new build building in London, which comes with underground parking. She also paid for one of the spaces. She is currently lending that space to me for my car as I live permanently in London just down the road (it's not a car you'd want to park on the street in London) and she only visits London from time to time.

The rest of the car park (20 or so spaces) is EMPTY 99.9% of the time - most of the flats haven't been sold, the few that have, clearly don't have cars or haven't paid for a space.

When my mother comes to London, she parks in one of the MANY empty spaces, but she then gets emailed by the guy who works for the company who are selling the flats (or something like that) basically telling her to remove her car as she is not parking it on her space or he'll have it towed etc. Remember, the rest of the whole place is empty, all the time!

Is he legally allowed to get a car towed from what is a private car park? Does he have a leg to stand on? Or is he just being a prick for the sake of it?

I will add that my brother also parked his car in there for a while as well, but also wound this guy up by requesting certain things were fixed, seen to in the building etc, which clearly got the guy's back up so he has decided to make life hard for my mother re: this parking space situation.

Putting the petty squabble aside, is there any legal way this guy can get her car removed? Or should she just carry on parking in a spare space when she's in London and just put up with his emails?

(Also to add I am moving from my place in London to a place with a driveway where my car will live, but the move is taking forever)
You bought one parking space, you are using two. The fact that the rest of the car park is empty doesn't make a difference from the owner's point of view.

The Mad Monk

11,477 posts

146 months

Wednesday 9th October 2019
quotequote all
UTH said:
Or is he just being a prick for the sake of it?

Or are you?

lyonspride

2,978 posts

184 months

Wednesday 9th October 2019
quotequote all

Firstly the guy is clearly being a bellend, but he's actually uwittingly doing the right thing. The problem is that once people gain a sense of entitlement to park in a particular spot, they keep doing it even when it belongs to someone who wants to use it.

When we were looking for a new home, we looked at one place where it turns out the elderly owner was allowing their neighbour to park on their driveway so that the house would look occupied, the neighbour had 2 cars and a large camper/motorhome on their own drive, it was an immediate alarm bell for me and despite it being a nice house (area not so great), we walked. I don't want to be dealing with someone who thinks they're entitled to park on my drive.

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
lyonspride said:
Firstly the guy is clearly being a bellend, but he's actually uwittingly doing the right thing. The problem is that once people gain a sense of entitlement to park in a particular spot, they keep doing it even when it belongs to someone who wants to use it.

When we were looking for a new home, we looked at one place where it turns out the elderly owner was allowing their neighbour to park on their driveway so that the house would look occupied, the neighbour had 2 cars and a large camper/motorhome on their own drive, it was an immediate alarm bell for me and despite it being a nice house (area not so great), we walked. I don't want to be dealing with someone who thinks they're entitled to park on my drive.
I guess the frustration is that it's not like this guy owns the building and we're parking in HIS spaces. It's an empty car park and he could be a helpful human being and allow one of the residents to borrow another space while they're not being used.....hell he could even say "pay a nominal fee and I'll happily let you, because why not help people out when it's no skin off my nose"

But the main question is if it's legal or not for him to get a car towed from a private garage. Probably unwise to have asked the question on this forum, I forget how many jumped up trolls there are ready to hurl abuse (not yourself).

andburg

8,735 posts

198 months

Wednesday 9th October 2019
quotequote all
lyonspride said:
Firstly the guy is clearly being a bellend, but he's actually uwittingly doing the right thing. The problem is that once people gain a sense of entitlement to park in a particular spot, they keep doing it even when it belongs to someone who wants to use it.

When we were looking for a new home, we looked at one place where it turns out the elderly owner was allowing their neighbour to park on their driveway so that the house would look occupied, the neighbour had 2 cars and a large camper/motorhome on their own drive, it was an immediate alarm bell for me and despite it being a nice house (area not so great), we walked. I don't want to be dealing with someone who thinks they're entitled to park on my drive.
That is the nail on the head, he brings a prospective buyer to view and they find somebody is using the space they would have and it raises alarm bells.
We have it at the office, loads of unmarked spaces we can use because they're assigned to empty buildings.

Surely there is a simple answer, speak to a neighbor with no car and get come to some agreement

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
vonhosen said:
I'm amazed you think it's OK for her/him to park in a space that isn't theirs just because it's empty. You pay for one space you get to use that space.

If she lets you use her space then she & your brother should park elsewhere outside.

Edited by vonhosen on Wednesday 9th October 09:08
I totally get that in principle it's not just OK to use it, but there has been dialogue between them both, and he could be a nice helpful building manager or whatever he is and let a resident of the building borrow an extra space whilst they are all empty. But I can already tell that this topic is probably a pointless discussion on here, I wasn't looking for an argument.

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
andburg said:
That is the nail on the head, he brings a prospective buyer to view and they find somebody is using the space they would have and it raises alarm bells.
We have it at the office, loads of unmarked spaces we can use because they're assigned to empty buildings.

Surely there is a simple answer, speak to a neighbor with no car and get come to some agreement
Yes, good point I'd not thought of, thanks for that, makes sense.

And speaking to a neighbour is the first thing I'd do and I think she wants to, problem is that the building of 40 flats is pretty much empty, and the one or two neighbours who seem to have moved in I don't think she's even seen.

Pica-Pica

16,588 posts

113 months

Wednesday 9th October 2019
quotequote all
I assume the flat is leasehold. I assume that she is risking being in violation of the lease.

The Mad Monk

11,477 posts

146 months

Wednesday 9th October 2019
quotequote all
andburg said:
lyonspride said:
Firstly the guy is clearly being a bellend, but he's actually uwittingly doing the right thing. The problem is that once people gain a sense of entitlement to park in a particular spot, they keep doing it even when it belongs to someone who wants to use it.

When we were looking for a new home, we looked at one place where it turns out the elderly owner was allowing their neighbour to park on their driveway so that the house would look occupied, the neighbour had 2 cars and a large camper/motorhome on their own drive, it was an immediate alarm bell for me and despite it being a nice house (area not so great), we walked. I don't want to be dealing with someone who thinks they're entitled to park on my drive.
That is the nail on the head, he brings a prospective buyer to view and they find somebody is using the space they would have and it raises alarm bells.
We have it at the office, loads of unmarked spaces we can use because they're assigned to empty buildings.

Surely there is a simple answer, speak to a neighbor with no car and get come to some agreement
No. Not nail on the head, at all. a completely invalid and irrelevant comparison.

First question to ask - is what is being done, or proposed, legal and within the terms and conditions of the development?

Answer - no. You and the various members of your family are in the wrong.

Stop doing it.

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
Pica-Pica said:
I assume the flat is leasehold. I assume that she is risking being in violation of the lease.
Another good point, I wonder what the situation there is. Thanks

vonhosen

40,597 posts

246 months

Wednesday 9th October 2019
quotequote all
UTH said:
vonhosen said:
I'm amazed you think it's OK for her/him to park in a space that isn't theirs just because it's empty. You pay for one space you get to use that space.

If she lets you use her space then she & your brother should park elsewhere outside.
I totally get that in principle it's not just OK to use it, but there has been dialogue between them both, and he could be a nice helpful building manager or whatever he is and let a resident of the building borrow an extra space whilst they are all empty. But I can already tell that this topic is probably a pointless discussion on here, I wasn't looking for an argument.
I'm not looking for an argument either, but you asked for opinions & I'm just giving one.

If you get & have got permission to do it first then fine, that's reasonable.
The issue appears to be there wasn't that discussion before they just went ahead & parked there, that isn't reasonable.
Of course if you have the discussion before parking there & he refuses, he's entirely within his rights to refuse.

UTH

Original Poster:

12,277 posts

207 months

Wednesday 9th October 2019
quotequote all
vonhosen said:
I'm not looking for an argument either, but you asked for opinions & I'm just giving one.

If you get & have got permission to do it first then fine, that's reasonable.
The issue appears to be there wasn't that discussion before they just went ahead & parked there, that isn't reasonable.
Of course if you have the discussion before parking there & he refuses, he's entirely within his rights to refuse.
I should have mentioned, she did have the discussion when she first moved in, and the guy was agreeable and friendly and seemed to be fine with it.

It was only when my brother got involved and got his back up that he changed his tune (understandably). So yes, I suppose he is within his rights, just a shame really as he did start off being helpful and willing.

Oh well, I was planning on moving my car ASAP, just need it to stop raining.

The Mad Monk

11,477 posts

146 months

Wednesday 9th October 2019
quotequote all
UTH said:
I should have mentioned, she did have the discussion when she first moved in, and the guy was agreeable and friendly and seemed to be fine with it.

Have you tried pressing money into his hand?

HustleRussell

26,503 posts

189 months

Wednesday 9th October 2019
quotequote all
UTH said:
I guess the frustration is that it's not like this guy owns the building and we're parking in HIS spaces.
Yeah! But wait... it’s not like you or your brother own any part of the building either?

UTH said:
I totally get that in principle it's not just OK to use it
Congratulations, that means you aren’t completely ignorant about the rights and wrongs of the situation.

You are fully aware that you are being a cock.

vonhosen

40,597 posts

246 months

Wednesday 9th October 2019
quotequote all
UTH said:
vonhosen said:
I'm not looking for an argument either, but you asked for opinions & I'm just giving one.

If you get & have got permission to do it first then fine, that's reasonable.
The issue appears to be there wasn't that discussion before they just went ahead & parked there, that isn't reasonable.
Of course if you have the discussion before parking there & he refuses, he's entirely within his rights to refuse.
I should have mentioned, she did have the discussion when she first moved in, and the guy was agreeable and friendly and seemed to be fine with it.

It was only when my brother got involved and got his back up that he changed his tune (understandably). So yes, I suppose he is within his rights, just a shame really as he did start off being helpful and willing.

Oh well, I was planning on moving my car ASAP, just need it to stop raining.
Blame your brother for burning the wooden bridge you were all standing on.