1

I have recently been lucky enough to buy a long term place to live. It is freehold with various conditions, including a modest service charge for upkeep of communal areas and an allocated parking space in a shared parking area.

How do I find out the exact conditions/rights regarding the shared parking space?

In the material I got and looked through with the conveyancing solicitors, I only saw the parking space marked in a colour different to the main plot. I do not recall any specific conditions on the parking, neither did I see these on a second pass through the documents.

I think to be sure I need to obtain transfer deeds - if so are these accessible through the title register for the house plot or do I need to find a separate title including the shared parking area?


Background:

I am in the unfortunate situation of being charged for parking in my designated parking space while I was waiting for permits to arrive.

The parking enforcement company insists it is the right decision and that it cannot give me any details of their legal basis for doing so due to client confidentiality.

The management company to which I pay the service charges has some dealings with the parking enforcement company, but insists they did not set up and do not manage the agreement, they just pass on whitelisted car registration numbers and issue parking permits on behalf of the enforcement company.

They refer to the owner of the shared area. The owner in turn wonder why the management company is not more helpful, but suggest I look up "transfer deeds".

2

Don't worry about it: you don't have to.

Just because someone says you owe them money doesn't mean that you do. The onus is on them to prove it on the balance of probabilities, either to your satisfaction or in court.

Write to them stating you are the owner of lot X and the parking spot is part of that lot. Ask them to state the legal basis for their charging you a fee for the use of your own property. Note that you have not entered a contract with them as either the lot owner or vehicle owner. Note that under English law, private organisations are not allowed to charge fines or other penalties. Tell them you will not be paying. Remind them that it is illegal for them to take any action for recovery including reporting the matter to a credit reporting agency unless and until the debt has been proven. If you want to be extra provocative, tell them which courthouse is most convenient should they wish to take the matter further.

  • They say they will not give me details of the legal basis, only the court. In this case will not pay unless I lose a court case. As for ownership and entering contracts, that is what I am trying to find out. – nsandersen Aug 17 '16 at 7:48
  • If they take you to court (and I sincerely doubt they will) they will have to provide the legal basis of the case to both you and the court. When you prepare your defence, be sure to raise that it was only when you were summonsed that the plaintiff stated their legal case, despite your requests, likely the magistrate will tell them to f$&k off - probably not in those exact words. – Dale M Aug 17 '16 at 9:12
  • True, one normally has the right to know what one is accused of! I still want to find the details though. – nsandersen Aug 17 '16 at 11:00
  • Sometimes this sort of thing comes under a covenant which your solicitor would have made you aware of if there was one. Maybe something through the Land Registry as it's clearly a different property – Beerhunter Mar 15 '18 at 18:42

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.