Get out of my f****** parking space!
Discussion
My daughter bought a property last December and a parking space for it. The house and space have different freeholders. The space, which she has paid £27k for, should be protected by the freeholder, but as expected, he's not interested in doing anything for his ground rent. The spaces don't have posts to stop people parking in them, the car park has 'private' signs and the entrance is simply open. It goes without saying that she has found on numerous occasions, cars in her space. She has asked the freeholder if she can put a post in, and as expected, no reply. Part of me wants to walk into his office and punch his face multiple times, but I am trying to resist that. Today, irrespective of the freeholder, I fitted a post... behind the car that was currently in my daughter's very expensive space. If the freeholder tells her to remove it, he will have trouble sitting down for some time with just the bottom of the post and padlock hanging out of his arse.
This situation got me thinking. I have skates in my garage to move cars around and I wondered where I'd stand with the law if if were to remove any offender to the street on them? Also, as the space is private property, could the offender actually be sued for trespassing?
This situation got me thinking. I have skates in my garage to move cars around and I wondered where I'd stand with the law if if were to remove any offender to the street on them? Also, as the space is private property, could the offender actually be sued for trespassing?
coyft said:
I’m no expert, but I suspect it would come down to having clear signage about what the consequences are for parking in the private space. I don’t think just a sign saying private would cut it.
Apologies. It is a bit more detailed than that, with threats of tickets. But nothing really ever happens. In a nutshell, it is just one of those situations where you either hope your space is empty, or you will have to deal with it your own way because there's zero support. Personally, I like the idea of pushing the offenders out onto the double yellows, but don't want to get nicked for it.
Canon_Fodder said:
OP You would have been better to wait until the space was empty and then fit the post
Same result - less chance of getting your daughter involved in some grisly vendetta
Sorry, the post was down when I fitted it. I had gone there to fit the post to find yet another car in the space. So I still fitted it ready for instant erection when it goes! Same result - less chance of getting your daughter involved in some grisly vendetta
Glenn63 said:
£27k to buy a parking space? Christ almighty.
What are the laws on a sign with fines for release for trespassing?
To be honest, that's not too bad. Her apartment is in the middle of town where it's all yellows, permits and pay and display. To buy a space for 30 odd years right by her place is probably cheap compared to constant parking charges; not to mention she could sell it when she moves potentially for more if it's not too far in the future. What are the laws on a sign with fines for release for trespassing?
Lord Flashheart said:
To be honest, that's not too bad. Her apartment is in the middle of town where it's all yellows, permits and pay and display. To buy a space for 30 odd years right by her place is probably cheap compared to constant parking charges; not to mention she could sell it when she moves potentially for more if it's not too far in the future.
Well it is quite bad paying 27k for an unsecured leasehold parking space that she can't actually use as anyone can park in it, in fact it's bloody dreadful. Wills2 said:
Lord Flashheart said:
To be honest, that's not too bad. Her apartment is in the middle of town where it's all yellows, permits and pay and display. To buy a space for 30 odd years right by her place is probably cheap compared to constant parking charges; not to mention she could sell it when she moves potentially for more if it's not too far in the future.
Well it is quite bad paying 27k for an unsecured leasehold parking space that she can't actually use as anyone can park in it, in fact it's bloody dreadful. But it shouldn't be. The signs are there and the threat of fines, it's just that the freeholder can't be arsed to do anything to follow it up. I suspect he won't give a toss about the post I've fitted either and hopefully that will be the end of the inconvenience.
However if the post is knocked down intentionally by a non resident, then that's when I'd want to put my skates on their car and push it into the street. That's where I was concerned about the legalities. If there are still problems with unauthorised parking on the whole, then I suspect the residents could even take legal action against the freeholder for failing to protect them.
Ah, long leaseholds. 
Helped the MiL out with one, which then turned out to be the biggest ball-ache all round. Never, EVER again. Landlords on these things do not give a single f
k and the law is very much on their side not the leaseholder's, even after the changes a few years ago.
Flash - can't help with your predicament, but sounds like you've done the right thing. Don't suppose the space is in a spot where CCTV could be fitted to cover it, by any chance? Just thinking belt-and-braces, in case someone decides that your bollard is in their way...
Helped the MiL out with one, which then turned out to be the biggest ball-ache all round. Never, EVER again. Landlords on these things do not give a single f
k and the law is very much on their side not the leaseholder's, even after the changes a few years ago.Flash - can't help with your predicament, but sounds like you've done the right thing. Don't suppose the space is in a spot where CCTV could be fitted to cover it, by any chance? Just thinking belt-and-braces, in case someone decides that your bollard is in their way...
Lord Flashheart said:
...then I suspect the residents could even take legal action against the freeholder for failing to protect them.
That's an interesting perspective - failure to ensure that paid-for benefits within the contract are freely available / unencumbered. Of course, suing the bd is a very final move, but it might be available under law...Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff