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Resident parking on private road. UK Car Park Management Ltd coming soon


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I live in a rented property on what I assume to be a private road.

It is a new build and at the time we moved in the road was, to my knowledge, unadopted.

 

I've been made aware through whispers that the road is now owned by a private company.

I have received no letter or other communication about this from the landlord (company) that owns the house,

the builder or the company themselves.

 

 

Nor are there any signs up detailing the terms and conditions of parking on the road,

except the words "Private Road" under the road sign at the start of the road.

 

Our rental agreement mentions nothing about restricted parking on the road.

 

Recently we received a letter from the landlord stating "clauses" in our contract,

saying that we cannot park anywhere on the road.

Upon searching, these clauses are not present in our rental agreement or anything else we signed.

 

It has also come to my attention that other residents of the road,

particularly those who bought their house,

were sent "parking agreements" with their paperwork which they were required to sign to say they agreed to no on-road parking. We, and our neighbours who are all rentals, did not receive or sign any such documentation.

 

Everything has been fine until recently when the last house on the street was bought,

the residents of which have taken to hassling other people about parking,

taking photos, and even commiting criminal damage by supergluing a photocopied letter

to someones windscreen that was visiting a neighbour.

 

Today I have learned that apparently the company are to set up a "ticketing system" in their words

where they will be sending a warden round and anyone on the road will be ticketed.

 

My concerns are obviously where do we stand with this?

Do we have no choice but to pay up?

I have disabled people in my family that are physically unable to park on a different street

and walk up, and if any of this was in my original rental agreement I would not have signed and moved in.

 

Sorry for wall of text, I would appreciate any help you can provide! :-D

 

 

TLDR; Moved into new build rental property on unadopted road, road has recently become private.

Ticketing system to be implemented imminently.

Want to know do I have any rights as this is a bit of an ambush,

or do I have to suck it up and explain to my family and friends they are to be fined every time they come to visit.

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it wont be a fine - they cant 'fine' anyone

it will be a private parking company

which will issue speculative invoices.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I can do yes.

 

 

 

What the main thing I would like to know is that as we have been kept out of the loop on the road becoming private and having overbearing restrictions on it,

 

 

and not having signed anything either on my rental agreement

 

 

or from the company that has taken ownership of the road,

 

 

can they enforce in a court of law a fine placed on me or my family for parking on the road?

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I would suspect the road has always been private

not 'gone' private

 

 

and I say again, they cant 'fine' you

 

 

they could try, as any individual or company can.

to take you to court for 'non payment of a implied business contract invoice'

by way of a CCJ.

 

 

as all private parking firms try to do

hence why you are in the private parking forum.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Implied business contract being that I use the road to get home, even though I was not made aware it was private and have not had any correspondence since? Or would they need to inform residents beforehand.

 

 

 

My problem is obviously that suddenly out of the blue me and my family are being threatened with fines for parking on the road that we live on, when it has been fine until now and have never been a part of the process.

 

 

 

Obviously I have never signed any parking agreement or anything in my tenancy about this. So its an ambush really. Can I win in court or is my best bet to get out of the tenancy and move since they misrepresented the situation and would not have moved in if I knew this would materialise...

 

 

 

Suddenly expecting my friends and family to park in the next road and walk round is ridiculous.

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stop using the word fine.

 

its not use of the road

its parking there

 

 

you are in the same situation as any residential tenant

in a private estate.

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=residential+parking&sa=Search+CAG#gsc.tab=0&gsc.q=private%20residential%20parking%20ticket

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes ofcourse there is..

you have supremacy of residence over the silly parking company

if they employ one.

 

 

might be an idea to dig you your tenancy agreement

and any deeds etc etc.

 

 

if theres no clause they can do this

then tough on them.

 

 

have you actually inquired with the council ypon WHO owns the land?

as if one of these fleecers are to be employed

it has no standing whatsoever if the land owners themselves don't employ them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Get a copy of the land registry entry for the house you live in.

It will have any restrictions placed upon the use of the road,

 

 

generally there will be nothing because the developer hands the road over to the council upon completion of all of the building work.

 

 

as for the twonk supergluing their own notice to people's cars

- superglue a brick to his window (no, just make a complaint of harassment to police/council/developer)

 

 

If there are restrictions or covenants on the property then you will have to obey them,

even if your landlord hasnt brought them to your attention

or HE could end up on the wrong end of an injunction

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Just by chance, this morning I have had a letter through from the company that manages the estate on behalf of the builder. It says they have been instructed by the builder to appoint car parking company (can/should I name them?) to set up ticketing system on our road imminently.

 

Signs to be erected, wardens deployed. No waiting, stopping or parking at any time or liable for ticket.

 

No deliveries or visitors including friends and family, no permits will be issued. We've been instructed to use the "overflow car park" which is on another road about 300yds away.... which is essentially a layby with 3 spaces.

 

And my next step is....... move out? :-x

 

Is my only other option to pursue the legalities of this ie checking Land Registry? I went onto their website and nothing comes up checking the register. Does this mean I have to check the index map now?

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It's UK Car Park Management Ltd, based in Brighton.

 

We have a driveway for 2 vehicles.

 

It doesn't say anything in our tenancy agreement about parking charges or anything of that nature. I don't remember the exact wording but it's something along the lines of be respectful to neighbours and don't block the road.

 

Another thing, as I mentioned in my first post, a few weeks ago the HA who we rent from sent us a letter stating "clauses" that meant we had to abide and not park on the road. None of these were presented to us when we moved in, or included with our tenancy agreement. We also wouldn't have moved in if they were.

 

I have just found out today that apparently those clauses were what were implemented by the builder to the HA when they purchased the properties. The HA then decided to keep them from us (and not enforce them in tenancy) until now when it seems the builder is pushing ahead with a private parking company.

 

Surely this is even more misrepresentation? Every week I am unravelling another layer of this.

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It wont mention parking charges but the and registry entry will have any covenants that cover parking on the road,

leaving the bins out,

washing on the line,

or having bonfires etc.

 

 

If there are no covenants then it makes it very hard for the developer to now bring in a rule

as they can get clobbered for misrepresenting their position when selling the properties.

 

 

Your tenancy wont mention it because it has nothing to do with it,

same as it wont mention any other aspect of law that is covered elsewhere.

 

Also speak to the local council planning dept and see if there is anything in the planning application

or consent that allows this change

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  • 2 weeks later...

It seems they've been round, and strapped some signs to lamp posts.

 

"No Parking on Roadways at any time. You must park wholly within a marked bay. No parking on roadways/yellow lines/pave/hatched/landscaped areas.

 

If unsure please seek further advice from CPM or refrain from parking.

 

By entering or remaining on this land you agree to abide by all of the Terms and Conditions. Breach of any term or condition will result in the driver being liable for a Parking Charge of £100."

 

And then some small print.

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so what, the legality of such things is not down to them but down to the lease held by your landlord.

 

Also the wording is cobblers so you wont have to pay in the long run.

They know this because they have lost at court over almost identical nonsense signage but they still dont learn.

They think you cannot possibly know or understand these things so carry on

because the reality is they are too stupid to learn from their mistakes..

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I searched the title register but nothing was displayed, perhaps I need to search the index map? Will that show me what I need, based on the fact that the landlord (the association) won't do anything on our behalf?

 

There is a meeting tonight at 6pm for the estate management company to "meet the residents". It's going to be carnage!

 

Edit: And, say I manage to see the covenent, and it does include restriction on the road, will we have a leg to stand on?

 

Edit2: Oh, and I spoke to a fellow resident earlier, who bought her house, and she said she checked and there are 64 covenants. I don't know what she means by this; 64 restrictions? or covenants for 64 properties? I don't know, she had to rush but she did say that.

Edited by teamHAM
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The leasew ill have any restrictions in it, whether this on parking allocation, hanging washing out or starting fires in the garden. As they were invited onto the land by the management co they have no rights to demand anything so tell them that. If the managing agnets claim rights invite them to test those rights in court when you refuse to obey the signage. Dont tell them the signage is gobbledygook, let the parking co know that at the appropriate time. we dont want them changing the wording.

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