What's the worst that could happen if I advertised a parking space that doesn't belong to me?

[ParkMyFace]

I live in an estate with one parking space per apartment. Quite a few of the parking spaces are never used because people don't have cars. I've lived here for years and know which ones they are. Also I am brassic. If I advertised on a parking site that they were available to rent, and collected money, even though they're not mine, what's the worst that would happen? I don't mind paying money back but I don't want to go to jail.

I once rented a private park from the person who actually owned the parking spot. So it was theirs to rent out. It was in an underground garage type thing. One day I arrived and there was a big sign up saying that people who didn't live there weren't allowed to park there and renting of spots wasn't allowed, with threat of towing. I stopped paying and parking that day. So the building might not even allow renting of places for security reasons.

And funnily enough I have rented spaces like you've mentioned - there's a great HA estate very near the OXO tower that I've parked in a few time, many years ago now, amongst others - and the first time I paid and parked there I did wonder if I was being taken for a ride in that it did look like the spaces weren't allocated! But I got my very cheap spot in the location I needed, so very happy to pay and I returned a few times on that basis.
If someone had confronted me/asked me to move then I'm not sure I could have given them a name/address of who I booked it from because it was all done on an app. I would have just moved and/or asked for my money back later, no drama required.

I am not suggesting you do I but legally it's interesting (just done a law degree)

Trespass would be committed by the Parker -civil offence

You'd have issued a licence to the Parker which you shouldn't have. Misrepresentation maybe that you own or lease that space. So contract law. It depends if the contract says you do own the space.

Could parking space owner sue you? I am trying to think how -maybe under nuisance?

(I'd hate this as an exam question!)

You would be surprised how people who don't use spaces keep an eye on them! Do it legitimately and take a cut for acting as an agent. Assuming they are allowed to rent it out!

My Dad's neighbour rents her garage and drive space because she doesn't need them. The garage to a guy with a van who wants his tools stored safely at night and the drive to a weekday worker. She does it herself.

And I actually do rent out my allocated space myself. Via a website.

I assume I signed something or ticked a box to say it was my space but I don't recall giving any proof of that.

Bingo! @AquamarineGlass came up with a much better version of my plan.

once you’ve got parking spaces covered you could move onto garages.

That's genius

Yeah but I'd love to see you advising a client to take the op to court with a straight face!

Side point, I always thought there is no crime of trespass?

The person renting the space from you, is going to get angry if others park in their space. They'll realise after a conversation that it wasn't yours to rent out. They'll.know your name because of the bank transfers. They can report you to the housing association for fraud. You'll be kicked out.

Assuming that you are in England or Wales. you would be making a false representation that the parking spaces were yours to dispose of, with a view to gain, so you would be committing an offence under section 2 of the Fraud Act 2006 (even if nobody actually took you up on the offer). The maximum penalty is seven years' imprisonment, but depending on your previous convictions, you might not get a custodial sentence. A community penalty, including a substantial number of hours of unpaid work, is more likely. You would have a criminal record which would you would have to disclose to a prospective employer. And given the nature of the offence, there would probably be some publicity.

What if a “ renter” stopped paying you? No come back as it wasn’t yours to rent and the actual owner still loses their space as you initiated it.
A relative lived in a lovely apartment with allocated secure underground parking. They paid a premium because of this.
They didn’t have a car at the time and rented the space out. He paid for 2 months then stopped and carried on parking there.
It was a building with secure entry and Concierge. Person who was parking but not paying worked in the building and was in trouble with management.

I went to York once and there was someone stood by the city wall charging people £3 to go onto it. I imagine that's a similar thing. Don't think he went to jail but he was arrested and got a criminal record.

You are selling something that doesn't belong to you.

How would you maintain this? Ensure no one parks there when there's people booked in?

I think that if you get caught, and I don't doubt you would, it would only take 1 person noticing they've got a strange car in their space monday-Friday to then leave a note or wait for them and confront them for it to come out.
The resident would likely then complain to the HA and suspect there will be something in your contract they could chuck you out of your home.
Also what you'd be doing is wrong, stealing likely or some other term. I suspect it would even hit the press too as it's really cheeky
I don't know about you, but our gas and electricity dropped by £90 this month so hopefully costs are starting to reduce

I understand you are struggling but this is fraud and you would lose your tenancy, why would they let you stay there when defrauding your ha?
It's likely to be in your agreement
Can you change job? Get a second? You don't explain your circumstances so we can't advise

Depends whether even that's allowed. I own my flat with allocated parking space (freehold as it's Scotland), but the deeds prohibit renting out the parking space independently of the flat. I imagine many developments will have similar rules.

That's a LOT of ifs.

Someone tried that where I live, it caused a riot when people suddenly discovered that they had nowhere to park on the occasion they needed it.

Brassic? CF more like it.

I think you are ingenious and that you're one idea away from a money-spinner that won't put your tenancy at risk.

It would only work though if you could guarantee that the space was available every day that the renter needed it. You couldn’t though because they’re not yours. What if someone has overnight guests for example? Or someone else decides to use the space one day. Imagine being the renter and turning up to park your car before work only to find it already in use, you’d be furious, probably late for work and wanting an explanation from you.

Too much can go wrong here- it’s technically fraud and while I don’t think you would be prosecuted, you could certainly lose your tenancy. You’d also be liable for any costs, eg if someone gets towed having “rented” a space from you.

It’s not safe to assume that, because someone isn’t using a space, they won’t notice another car in there.

If subletting spaces is allowed, how about putting a sign up offering to do all the admin as a service and split the proceeds?

I think it’s high risk but can see why it’s tempting
I think it would be less high risk if you can do it with your identity being protected.
Presumably customers pay via the app. It’s whether the app would release your details if it ever was queried (not easily I’d imagine!), if you got rumbled and you just stopped it most likely would be ok.

How can that be morally right? They aren't your spaces. It's like someone deciding I don't use my front garden, so they can start sunbathing/playing badminton on it.

Potentially affect your tenancy. Your neighbours might sue. The car might get towed away and the owner might sue.

First three off the top of my head.

If random cars were in my parking space regardless of if I was using it, I'd have them towed/clamped. If that happens then you'll suffer whatever the fallout is from the person you rented the space to. If it kept happening I'd report it to the building manager or whoever.

It's a massive pisstake and I'd find a way to stop it happening.

As has already been mentioned there is likely a clause about subletting(?) parking.