Parking nightmare

[sicklycolleague]

A few issues really. Bought a flat and it has been hellish ever since with no end of problems, a key one of which is parking.

Essentially, we were told by the seller in the TA6 that there was a parking space (and also that she wasn't aware of any disputes etc etc). Our solicitor advised the lease said no right to park, but the management pack included a notice which said Flat 6 had a parking permit, the seller had a parking permit and said it was simply a matter of the caretaker writing us the permit when we moved in. Needless to say, that did not happen. Do we have any recourse against the seller for misrepresenting the parking situ? We would not have paid as much if it didn't have a space.

When we moved in we used the seller's permit because we couldn't get hold of said caretaker and were ticketed for "tampering". We didn't want to get off on the wrong foot so we paid, and finally heard back from management company about the application procedure. (We also in theory own a share of the freehold but it's not clear to me what the actual benefit of that is at this stage...)

The management co has advised time and time again that it's all procedural and he would have to have an amazing reason to decline our permit. After two months, we have now heard our permit application has been declined for no reason other than "parking is limited" and it's "at the freeholder's discretion". Do we have any recourse or power here? The person who decides on permits is the director of the freehold company in which we own shares. He's also a total d*ck. We pay £2,200 a year in service charges so I am not impressed by the useless management company.

Finally, we have in the interim been parking in residents parking on-street (council permit). Got a weird threatening letter disguised as a PCN today on our windscreen, for reasons that are a complete mystery.

I'd speak with your solicitor and get them to sort out the mess with the management company/freehold director.

How long ago was the purchase?

We completed in November.

Definitely speak to your solicitor but they might say there's nothing that can be done as, if they've never had parking issues, they didn't really lie.

The reason I think they might not have been entirely straight about it is that when I spoke to the director (a horrible conversation) he said he had advised her there was no right to park and that he'd had conversations with her about the parking. So it seems like she should have at least been aware a new parking regime was coming in.

Then it's one for your solicitor and your recourse might be suing for the reduced value of the flat without parking?

The Lease specifically states there is no right to park though. So that is what would be looked at in proceedings and you say your solicitor told you this.

It doesn't specifically or explicitly state there is no right to park, it just doesn't come with a right to park explicitly attached. A couple of other flats have it and everyone else is entitled to apply for a parking permit

@HJ40 I think it's about £10k less without parking tbh. What I don't really understand is why it is run like such a fiefdom

Got a weird threatening letter disguised as a PCN today on our windscreen, for reasons that are a complete mystery.

Who is the letter from? Regardless of who the culprit is inform the police and get a police number.

If you it happens again you will need to take further action.

Who wrote the fake PCN? It's a resident parking area you parked in on the street yes? Do you have a residents permit?

@journeyofinsanity yes, we've a council-issued valid residents' parking permit. We think it is actually unrelated (pic attached) and from a person who parks there often (though not always).

@Reugny you're right and I reported it to the police this morning online but haven't heard back. I'm not sure it's actionable as much as deranged

(it is not a disabled bay btw, I have checked and checked, it's just a normal bay anyone can use)

Keep your eyes open for someone in an electric wheelchair, bearing a grudge.

I know it’s not funny in the slightest but that note is clearly the work of someone utterly, totally nuts. “a walking satan” lmao. Can’t believe you “don’t have no consideration”.

@BellatrixLestrangesHeatedCurlers I know, it's mad! Also we discovered it at 2am this morning as we had a super late one (big work social event), so were a bit merry and saw there was something stuck to the windscreen as the taxi pulled into our street, were baffled it seemed to be a PCN because we're parked legally, and then... whatever that is

The person who decides on permits is the director of the freehold company in which we own shares. He's also a total d*ck.

The freehold company does not have to have one director - I live in a block with a similar arrangement and am a director - it can have several, and as someone having a share in the freehold, you can inform the management company that you wish to become a director; they should send you the online forms, which you complete and forward to Companies House. Once you are a director, you will have as much right to allocate parking permits, as said total d*ck.

its complicated legally, but in Land Law there’s a difference between owning a parking space (known as an interest in land) and a permissive right to park (ie being given licence to park or a contractual right to park a car). The latter is a personal right and cannot simply be transferred.

A property disputes solicitor would advise you what you have already been told by your conveyancing solicitor - that you do not own a space and have been granted no legal right to park in your Lease. The lease doesn’t have to state “NO right to park”. It’s simply enough that it’s silent on the issue and doesn’t grant you it.

Sounds like the freeholder and/or management company can grant a parking licence to those residents who apply, but they are not obliged to grant one upon application and also there are probably not enough to go around.

@Isleoftights is it that simple? I will have to check because of the way our freehold is held - we own a share in the management company but then the freehold itself is held in trust for the management company - but if so I will absolutely do it. I’m not sure how the managing agent will respond though as they’re both useless and difficult, can they / existing directors refuse it?

Google your 'freehold company' and that should show you the names of the current (and previous directors), when they were appointed/resigned. Good luck.

I had a look at that @Isleoftights but there have been no new directors since the 1990s. Weirdly a director resigned in September — there are now two, the awful caretaker guy and the managing agent.

I think you need to try to engage with the freeholder about how they decide whether they give parking permits. If it’s at their complete discretion then you may not be able to do much, but chances are if you keep on at them they will cave. Can you get evidence about whether there are free spaces every/ most days to work out whether the claim about parking being limited is true.

In the meantime I would continue parking on the street and get a dashcam and a big official note with something like “this car has a dashcam- people tampering with this vehicle (including leaving unsolicited letters etc) will be reported to the police” or something similar. Some people really are batshit.

How upsetting for you. I hope your chat with the solicetor goes well

Thanks @Heronwatcher - there are around 6 spaces in total. We overlook the car park from our flat which helps - and only one car has parked there for at least the past month. I have asked the freeholder (or managing agent) how they decide and the reason we have been refused but they have not come back with anything substantive.

Good idea about the dashcam although tbqh we are thinking the easiest thing is to just send the car to Wales with partner’s dad when he comes to London on Sunday and keep it there. It’s a huge source of stress right now.

thanks @JustKeepGoingThere!