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Original poster

Parking bay disaster

93 replies

newhouse12345 · 09/08/2023 16:28

Hi all, NC because of previous posts

We recently bought a property and having lived here for 2 months, we have been informed by the council that our drive isn't official and the council are going to install a parking bay across our drive.

We have a drive for 2 cars, which is paved and is identical to our neighbours. The kerb is very low profile so you wouldn't know by sight that ours is any different. But the neighbours got the official sign off years ago, and apparently ours didn't! The rule have changed now, so we don't qualify to apply for one!!

Now we are stuck with a driveway that we cant make official and will potentially be blocked by a single parking space.

The council consulted with the owner in April- when we were in the process of purchasing the property.

I'm frustrated that this wasn't flagged when we purchased it. All the house documents claim that it has off street parking and there was no mention of council consultation on any local issues.

Is it just one of those things? Should we have been more thorough? Either way I'm annoyed as off street parking was part of the appeal of the property.

OP posts:
StillWantingADog · 09/08/2023 16:35

What do you mean your drive isn’t “official”- is it or is it not on your land?

if some kind of consultation was going on while you were in the process of buying the property your solicitor should have picked this up. Or at the very least should have noticed that the drive is not your land, if that is the case.
so the solicitor Is your first port of call.

JauntyJinty · 09/08/2023 16:45

I think they're saying that the drop kerp/access to the drive isn't offical, rather than the space on ther land.

Op my first port of call would be to contact the solicitor to ask:

A) why they didn't pick this up
B) what can be done as the house is not as advertised

Original poster
newhouse12345 · 09/08/2023 17:14

Sorry, I meant that the dropped kerb isn't official which means our front garden can't be used as a drive. We are officially not allowed to drive across the kerb onto our land.

They are going to install a parking bay (with dotted white lines) half on the pavement and half on the road directly across our drive.

Our neighbours applied and got approval before the regulations were changed. Even though our properties and drives are identical (terraced houses) the rules have now changed and our drive doesn't met the desired dimensions.

I'm struggling to see the benefit as they will gain 1 road space and add our 2 cars to the road 🤷🏻‍♀️ but I'm guessing once they decide, they won't change their mind

OP posts:
Ilikewinter · 09/08/2023 18:27

Oh wow, I'd be furious OP. Someone dropped the ball here and I dont know if thats your solicitor?. Or of the sellers hid it very well! I would think you need to speak to your solicitor but I doubt if anything can now be done.

lljkk · 09/08/2023 18:36

diagram please

Coolblur · 09/08/2023 19:23

Contact the solicitors and get a solicitor to contact the estate agents too. While there is space to park two cars, marketing it as such knowing that the property had no legal access to the 'drive' surely is false representation. They, and the seller, would have made extra money because of this feature. Would you have bought it if you had known this?

Neverseenbefore · 09/08/2023 19:26

That’s not good. Get straight onto the solicitor and the estate agent.

dearJayne · 09/08/2023 19:31

I would get onto both solicitor and estate agent first thing tomorrow morning.

Original poster
newhouse12345 · 09/08/2023 20:21

lljkk · 09/08/2023 18:36

diagram please

I'm not sure a diagram will help. It's just a row of terrace houses, all the same size, all have their drives fully paved. The kerb down the road is only a few inches high, so not obvious which have an official dropped kerb.
Our drive, and all houses on our road are 8m x 5.5m.

Some houses obviously applied for drop kerbs when the regulations were different. Now you need a minimum of 7.5m width, which we don't have.

Apparently nearly 100 'drives' on our estate will be blocked by the council as they don't have official dropped kerbs.

OP posts:
Original poster
newhouse12345 · 09/08/2023 20:22

I have emailed our solicitors and they have emailed the sellers solicitors. I'm not sure what is to be gained though?

Anyone had something similar

OP posts:
Original poster
newhouse12345 · 09/08/2023 20:24

Off street parking was a big priority for us and this house was perfect with space for 2 cars. We live in Greater London so parking is challenging.

I don't think we would have bought it had we known.

OP posts:
StillWantingADog · 09/08/2023 20:27

newhouse12345 · 09/08/2023 20:22

I have emailed our solicitors and they have emailed the sellers solicitors. I'm not sure what is to be gained though?

Anyone had something similar

The solicitor should have picked this up OR the seller may have misrepresented something. In any case you might be entitled to some compensation but no idea how this works.

KievLoverTwo · 09/08/2023 20:29

newhouse12345 · 09/08/2023 20:22

I have emailed our solicitors and they have emailed the sellers solicitors. I'm not sure what is to be gained though?

Anyone had something similar

Somewhere lurking in the depths of my memory is that if false representation can be proven, the previous vendors might be forced to buy the house back off you.

I have had about a nanosecond of sleep though, so don't trust my word.

For sure it means your resale value has already plummeted.

drpet49 · 09/08/2023 20:31

Sellers were devious. They lied and falsely represented the house. I would sue them for damages.

calmcoco · 09/08/2023 20:38

lljkk · 09/08/2023 18:36

diagram please

the description is very clear

StillWantingADog · 09/08/2023 20:40

And def see if you can find the original advert for the house- If it says “driveway for two parked cars” or words to that effect then you can also take it up with the estate agency.
def do not just let this go.

calmcoco · 09/08/2023 20:40

newhouse12345 · 09/08/2023 20:22

I have emailed our solicitors and they have emailed the sellers solicitors. I'm not sure what is to be gained though?

Anyone had something similar

https://cunningtons.co.uk/property-misrepresentation-claims/

MissLucyEyelesbarrow · 09/08/2023 20:55

StillWantingADog · 09/08/2023 20:40

And def see if you can find the original advert for the house- If it says “driveway for two parked cars” or words to that effect then you can also take it up with the estate agency.
def do not just let this go.

You would have to prove that the sellers or EA knowingly misrepresented the parking.

And the EA's T&Cs will undoubtedly include a disclaimer, saying that all facts they present about the property should be independently verified and that they take no responsibility for errors.

If anyone has dropped the ball here, it is most likely the OP's solicitor missing this issue on the searches and/or deeds.

StillWantingADog · 09/08/2023 21:01

@MissLucyEyelesbarrow yes agree or possibly in that questionnaire that sellers have to fill in, the seller may have misrepresented
OP do you have a copy of the seller’s questionnaire? That covers this kind of thing. He may have cunningly left something blank. There is def a question with words to the effect or “are you aware of any plans that could affect the property in any way”. If he said no that’s probably misrepresentation if you can prove he did.

if the solicitor is at fault I bet they won’t volunteer this so you may need to find another. I would have expected them to notice on the plans that the dropped kerb dimensions are not good enough, or at least queried it.

BarbNHeimer · 09/08/2023 21:03

If there are so many local neighbours affected can you get a group together to fight this in some way/ lobby etc?

UsingChangeofName · 09/08/2023 21:16

Like @BarbNHeimer , as well as getting on to the solicitors, I would take up the point that there are nearly 100 "drives" on your estate that are affected by this, and form a joint action plan with all those people.

If they are replacing 200 off road parking spaces with 100 on road parking spaces, then it isn't only the people losing their "drives" that will be affected, it is everyone who lives on the estate - so far more than that 100.
I would be calling meetings and involving local Cllrs, and businesses and everyone who is going to be affected by so many extra cars needing spaces on the road.

Whereas I understand that homeowners can't just pave over their front gardens and call it a 'drive', this does seems like someone has made a sweeping decision without really thinking through the consequences.

TakenRoot · 09/08/2023 21:25

Bloody hell!

I dare say off road parking was part of the appeal. It will also have added a lot of money to the price. A lot.

I’m not sure I would talk to the EA before you discuss with your solicitor. They were working for the vendors and will just start covering tracks. Get legal advice, keep your powder dry.

What sort of survey did you have? I wonder a surveyor did not pick up that the kerb is not officially dropped or not dropped at all.

TakenRoot · 09/08/2023 21:27

lljkk · 09/08/2023 18:36

diagram please

Give over.

It’s perfectly obvious and the OP has a serious problem on her hands. She doesn’t need to waste time on boring old jokes.

Original poster
newhouse12345 · 09/08/2023 21:27

BarbNHeimer · 09/08/2023 21:03

If there are so many local neighbours affected can you get a group together to fight this in some way/ lobby etc?

This is actually happening atm. We only found out about the issue when a neighbour invited us to a residents meeting. We have been flagged as one of the houses that will be impacted.

Apparently the council informed residents in writing in April and a meeting with local council took place in May. We purchased in June, completely unaware.

The seller was difficult, so I assume he'l just say he wasn't aware.

OP posts:
MissLucyEyelesbarrow · 09/08/2023 21:36

StillWantingADog · 09/08/2023 21:01

@MissLucyEyelesbarrow yes agree or possibly in that questionnaire that sellers have to fill in, the seller may have misrepresented
OP do you have a copy of the seller’s questionnaire? That covers this kind of thing. He may have cunningly left something blank. There is def a question with words to the effect or “are you aware of any plans that could affect the property in any way”. If he said no that’s probably misrepresentation if you can prove he did.

if the solicitor is at fault I bet they won’t volunteer this so you may need to find another. I would have expected them to notice on the plans that the dropped kerb dimensions are not good enough, or at least queried it.

Agree but, even if it’s not on the questionnaire, you would have to prove that the seller knew. He’s just going to claim he didn’t see the letter from the Council (or however it was communicated). It might even be true - the letter probably went out as one of those ‘To the householder’ mailshots that people assume are junk mail.

OP, has the MP been contacted? He or she is about to have hundreds of furious constituents, with tens of thousands of pounds cumulatively wiped off the value of their homes, right before a general election. Unless it’s a very safe seat, that’s a major issue.