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Answers75

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  1. Everyone needs to access the carpark in order you use their place of work. There is no other way to access the buildings. As I have said, the outer perimeter belongs to the businesses, the inner area of the carpark belongs to the landlord. If the carpark needed to be resurfaced, the businesses can leave their cars parked on the road and walk into work, where the carpark is not yet resurfaced (it cannot and would not be completely done all at once) Once the parking is full with cars parked in the outer areas, then it is difficult to drive through, because you would have to go the middle, to get out again where the most damage is (no mans land) All the businesses want is the carpark to be resurfaced completely over a period of time if necessary. It has been reported and discussed with the landlord and to date, no action to do so, has been made, even though the landlord said they would do it. We cannot force him as individuals to resurface it, also I know nothing about parking rights, health and safety or any other official options. I don't even know if HSE can help either! So that's why I posted the message in the first place, if anyone on here knows or has any useful experience in a situation like this. I thought all of this was clear in the first post. If not apologies.
  2. Most of those questions I can't answer as I'm not one of the business owners and it's not really relevant to a potential health and safety issue. Based on the information I got today, I think the issue here is cost and so not on the company's priority list. Sensibly, the carpark would be done in stages. Noone would object to a bit of inconvenience versus potholes damage to your car. Resurfacing the carpark benefits them more than anyone else because they use it the most and their staff parks on most of it.
  3. Brief update. I spoke to my landlord today and the outer perimeter of the carpark, where our building is, that is owned solely by him, so we do not need to pay the company for parking directly outside our building, it is the greater inner area that belongs to the company. He also said that the company went into administration and had to be bailed out by another, so there are money issues, which is playing a part in all of this. My option is to see what advice if any, comes back from HSE now.
  4. I will try and find out from my landlord (he's probably been there the longest and his business was his fathers passed down to him along with the building) If we have written rights to access and park on the carpark. As for the council, they were adamant they couldn't help or advise further. A dead end with them unless I can get further information that would be of interest to them. I have however sent my issue to HSE to ask for some advice. Their reply time is 21 days.
  5. The businesses are ours, which is machinery, welding, a boutique type shop and mine is bespoke prototypes in one building. Next to us is boating repairs. Separate building. As regards to work being carried out and the resurfing, that's not a problem as we could park on the road for a few days, that wouldn't necessarily stop us from getting access. We are along a wall, which has parking directly outside and we could walk around right up to the edges of this wall, if needed. It is through the centre of this carpark where cars and vehicles drive, that is the biggest area of damage. This forum doesn't accept pictures, so can't give a good visual explanation. As regards to ground rent or revenue, that I don't know. It might be something the businesses pay annually or was paid at the beginning of purchasing the buildings as part of the sale, which might also include the use and divisions of the carpark and allocated spaces. Contribution to resurface was collective amongst all businesses, but only the company can organise the works to be done and get it resurfaced. That's the bit ideally we would like getting actioned under responsibility, rather than enforced, if that makes sense.
  6. I will look at this information. Thanks. I asked the council and they said it's nothing to do with them and could not help or advise. The businesses have emailed and complained to the company, but with no reply or response. I think the emails go into spam, or may not be picked up by instruction or default. I'm trying to get advice on finding an authorised body like CAB or Resolver equivalent, that will look into something like this, if anything on a health and safety basis. I can't think of anyone. It's very frustrating.
  7. We are not employees of this company. They own the land but the other businesses on this land are independent (everyone is self employed) and own their buildings, which are places of work. There is no signage because although it's privately owned, it is accessed by the public; delivery drivers, independent businesses etc... Best way to picture this is probably like a site that has independent units on it, all privately owned, but everyone has to access the 'public carpark' that is the responsibility of the overall landlord. The landlord has employees who also use the carpark.
  8. This is a tricky post and I am unable to find any main bodies to give advice. A private carpark is owned by a large automotive supplies company. Over the years and because it is situated between two rivers that flood every year, this car park has increasingly eroded and heavily potholed. It is accessed by some private working businesses and the company itself, has regular HGV drivers that delivery 40 ton parts of metal everyday to the company, which is the main contribution to the current state of the carpark. There is an added health and safety issue, because the HGV drivers have to reverse through the middle for about 30 yards between parked cars either side of them and because of the water filled deep potholes, almost turning one lorry onto it's side and potentially on to a parked car. There is no lighting in the carpark, so during the winter months, especially now that the potholes and tarmac are so badly hazardous, if someone was to trip and fall, hurting themselves, who would be liable or could they have the right to claim for damages/ injury to themselves or their vehicle? I understand that the other working businesses have emailed and spoken to the owners of the company and even agreed to go in with some of the cost of the whole carpark being resurfaced (approx £100,000 for complete work) but they have either been ignored or the company is not taking any ownership of the ever growing issue. There was a discussion between the company and business owners that they were going to resurface it this summer, but they just went on their annual leave and it wasn't done. I personally am very concerned, because I have to try and avoid the 'no mans land' area to park my car, as it's parked near where the worse of the damage is. Does anyone know how we can approach this issue from a professional and formal angle now, as the civil and neighbourly way isn't being taken seriously and based on the details outlined, it will only get worse and worse, until I fear something or someone gets hurt, if the carpark isn't properly fixed soon. Bearing in mind, this is not just a plot of private land with no public access, but an active carpark for the purpose of access to places of work and deliveries of heavy haulage, is there a legal responsibility under health and safety rules?
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