Parking woes!

[maisiejones]

Hello all. Been a lurker for a while. So, first post - here goes. I live in a cul-de-sac consisting of seven houses. Each house has an allocated parking space with four additional spaces for visitor parking. It's stated on our deeds that no one resident may permanently use these four spaces. I live alone so use only my own space, however, several houses have two vehicles and one has three. So of course, they all take up the extra spaces. It's been a problem for ages but more so for me now as my 92 year old dad was run over just before Christmas and as a result can't walk as far as he used to. Now, when he comes to see me I have to go and collect him as whereas before he used to park about 200yds up the road and walk, he can no longer do this. I get so irritated when I see my fit young neighbours jumping in and out of their cars right outside their houses. Can the statement on our deeds be enforced and if so how? I'm pretty certain that if I approach any of the 'offenders' they'll just shrug their shoulders.

[PotteringAlong]

Why don't you just go and park there when it's empty and let your dad use your parking space?

[AnchorDownDeepBreath]

How much money do you have to throw at this?

If that's the entirety of the covenant, it's fairly useless - who decides what is "permanently"? It's arguable that the clause was inserted to stop people erecting things in the car parking spaces - like skips - or leaving SORN vehicles there. It would be a fairly easy argument to say that if the cars move once a week (or once a day, or whatever), they aren't there permanently - even if they are actually just shuffling which vehicle is in which space.

You could take action anyway, it's possible that they will just stop and not fight it - although if they have more cars than spaces, it's unlikely that they'll suddenly start parking elsewhere, especially if it means the visitors spaces are empty 90% of the time. It just depends how much action you can afford.

Could you move your car into a visitors space when you know your dad is coming, so he can park in your space?

[AnchorDownDeepBreath]

Great minds, Pottering!

[maisiejones]

I used to do this but now things are so bad there's never an empty space for me to use. As I work full time he invariably visits at weekends and evenings. Sometimes I visit him but there are times when I invite him to dinner which neccessitates him visiting my home.

[Byrdie]

Do you know them? Could you explain and ask them to (on certain weekends) not fill up all the spaces? There are only 7 houses.

[thecapitalsunited]

The only person who can take action to enforce the covenant will be the original developer. Usually they don't care after all the houses have been sold - those clauses are just to keep things nice until they flog all the houses.

[AnchorDownDeepBreath]

So your ideal scenario would be that the developer enforces that, and residents are banned from parking there?

All I can see happening, realistically, is that everyone gets a warning letter reminding them that they must not PERMANENTLY use any of the spaces - so they'll shuffle which space they are parked in, or swap the car in their space with the car in the visiting space, etc. There's no real grounds in that clause to say no residents can park there.

You'd defend yourself parking there by saying that your car is absent during the day when you're working and therefore isn't there permanently, that different cars park in different spaces and that the spaces are available when they go to park there.

I think your best options are either to get in first and park your car there when your Dad is coming, speak to the residents and ask for a space to be kept free every other Thursday or whatever, or just pick your Dad up and save yourself the trouble.

Our car park is the same, it's like jenga for second cars parked everywhere, but it's what happens in residential car parks.

[maisiejones]

Thanks for all your suggestions. I suspected the covenant was toothless. I'll just keep picking him up and suck up my irritation! I don't really want to cause issues with my neighbours.

[silverduck]

Can he beep when he gets there and you move your car to 200 yards up the road at that point whilst he parks in your space?

[runningincircles12]

Hi
First of all, it is incorrect that only the developer can enforce the covenant. Restrictive covenants usually run with the land, so as the owner of your property, you can potentially enforce it.

However, you would need to take legal advice and it could be expensive. The wording is not entirely clear- for example, does it mean that no one resident may permanently use the same space or does it mean that no one resident may permanently be parked in the same space out of the four? Also, what constitutes permanent use? It might be difficult to identify a 'culprit'- ie there may be 6 extra cars and on one day you have cars 1,2,3 and 4 parked there and on another, cars 3,4,5 and 6 but none of them can be said to be permanently parked there.

You could instruct a solicitor to write a letter to the other residents but it might make you a bit unpopular. Surely nobody can park in your allocated spot? So when your dad comes to visit, can you not move your car and either double park it (unless this is likely to result in a fine) or park it nearby and walk back?

[runningincircles12]

for example, does it mean that no one resident may permanently use the same space or does it mean that no one resident may permanently be parked in the same space out of the four?

Sorry, what I meant was 'does it mean that no one resident may permanently use the same space or does it mean that no one resident may permanently be parked in any one of the four spaces?'

[pollyblack]

Assuming you are able bodied, you could park elsewhere and your dad could have your space? Or is it possible for him to park over your space blocking you in? I live at a school so i know all about selfish parkers, but there is not a lot you can do about it, aside from keeping your eyes peeled about the non allocated spaces and moving your car there ahead of your dads visits?

[Byrdie]

Ok... I know this is posted in legal matters but i really do think if you just explain it to your neighbours and remind them of the official rules nicely that you save yourself some stress. At the worst case - as long as you are polite and nice about it - you end up with the same situation as now so there isn't really a downside. You could draft a polite note if you don't feel confident doing it face to face. You have a good valid reason and aren't being unreasonable to at least ask.