Private parking in flat complex with tenant's permission

[silver_manatee]

I'm hoping someone can help with understanding where things stand for me. I'm currently renting a person's car park space from them while they are at work as I work opposite their flat complex. I have the key code to the secure car park, I park in their designated spot and vacate before they get home. I've been doing this for about 4/5 months when I get a note on my windscreen saying:

 

"STOP PARKING YOUR CAR HERE! YOU HAVE BEEN WARNED FOR THE FINAL TIME"

 

I checked with the person I rent the space from and they are happy for the arrangement to continue. So what do I do? I've currently popped a note under my windscreen explaining I'm parking there with the permission of the tenant to whom the space belongs but I don't want to return to find I'm clamped!

 

Any thoughts/help? Apart from the "neighbour" being a busy body and not happy about me parking in "their" car park, I'm really not sure why I'm annoying them. I'm parking within the lines with the owner's permission.

 

All advice welcome!

[silver_manatee]

Actually I noticed when I parked there on Friday that the signs warning of being clamped have been removed. Whilst I'm now slightly more relaxed, I'm now starting to worry about my car being keyed/damaged by the person who would rather I didn't park there! Is there any legal point I could make as and when the person confronts me regarding rights/permissions/private arrangements etc? It may be a residents' only parking area, although I don't know as I'm not a resident. But assume a guest/visitor parking there with the owner of the space's permission wouldn't get me into trouble legally?

[Jamberson]

I don't know the answer, but if it were me I would be asking the tenant to dig out their contract and see if it says anything about this situation. eg, is there a clause saying "for your use only" or does it stipulate guests are allowed to park there with permission etc. If not, there is presumably a management company for the building or car park, and they could clarify the situation. Paying for the privilege might trip you up, but I guess no-one needs to know about that side of the deal.

 

If the regs are against you, then you need to know. However they might not be.

[andydd]

The propertry might be subject to a lease and the lease may stipulate what can and cant be done with the property and car space, it is quite common for leases to contain 'no sub-letting' clauses referring to the property itself and therefore it may something about the car space.

 

Then again it may not and I suspect the owner may be able to do with it as they please.

 

I have a leasehold property and a garage I dont use and I rent it outy and can see no problem in doing so.

 

I assume you dont know who is writing these notes ?

 

Andy

[silver_manatee]

No they haven't made themselves known to me or the lady I'm renting the space from. The spaces are numbered so they could knock on her door to discuss the issue but I'm currently suspecting they are more the anonymous "hide behind a note type" than someone with a genuine grievance. The point about sub letting is interesting and worth considering if it does escalate. The amount I pay this lady per month is quite low so I worry if I ask her to dig out her tenancy agreement she might think renting to me is more trouble than the money's worth...

[Jamberson]

Then alas, you won't find out where you stand (or, indeed, where she does). You are chancing it if the person writing the note decides to escalate the issue.

[andydd]

Does your friend own the property ?. If so they should have a copy of the lease. If they rent it then it will prob be still on a lease but this will be help by the owner (landlord).

 

This is of course assuming it is a leasehold property (subject to service charges, etc and prob paying something for the car park), 99% of blocks of flats are leasehold, however it may be more compliocated, it may be owned bu a single individual or company or it may be all the tenants own a share, in which case they may have meetings at which your friend could bring up the issue.

 

What could be slightly worrying is that if there is a clamping company they might operate a 'clamp now and ask questions later' and you certainly do not want to be clamped but if you say the sign has gone then perhaps the clampers have gone now (youre not in the South east are you ?).

 

Otherwise there appears to be not a lot more you can do apart from leave another note on your car or post a note to everyone perhaps ?

 

Andy

[andydd]

Then alas, you won't find out where you stand (or, indeed, where she does). You are chancing it if the person writing the note decides to escalate the issue.

 

Although even if it is a leasehold property and the car space is subject to a 'no transfering' clause the way to take action about this (by informing the freeholder about a breach) is horribly complicated and not worth the effort for the complainer (after all, what does it matter if a car parked is put there by a flat owner or a flat owners friend ?).

 

Is ther CCTV on the car park or is there any type of concearge or janitor ?

 

Andy

[silver_manatee]

I used to have a friend who lived there whose space I borrowed till he moved out but he's so laid back I can't imagine he's bothered to keep a copy of the lease! The lady I'm renting the space off is a tenant rather than owner so I imagine I'm on dodgier ground than if she owned it. I'm reluctant to get in touch with her to clarify these kinds of things after one note as she may renege on the agreement which leaves me really stuffed.

 

This is all taking place in the West Midlands so not quite as rigid as things sound down south. Andydd I totally agree with your point about "after all, what does it matter if a car parked is put there by a flat owner or a flat owners friend ?" That sums up my point in a nutshell! I've looked for CCTV and can't see any - hence the worry of damage. It's not the sort of block of flats where there's space for a caretaker (I know the kinds of blocks that do and this isn't "posh" enough for want of a better phrase!)

 

I wrote a note and left on my windscreen with a plastic covering to shield from rain and the note hasn't been touched for 2 days. And this person waited 4/5 months before complaining... I'm kind of sitting and waiting for the time being but really appreciate the advice on how troublesome it would be for someone to make an official complaint because if this person causes me to not have that spot any more it means 20/30mins per day of wasted time for me hence I'm desperate to hang onto it. I realise I'm chancing it but was pleased to see the clamping signs removed as that was my first concern. Malicious damage is my second so I've held onto the original note just in case. Maybe I've watched too many episodes of the Bill but it might come in handy!

[dw190]

Get a dummy camera dome and stick it on the dashboard. Also get some CCTV warning stickers and stick one on each window.

 

Only pennies from the bay

 

If its just some idiot it may deter them.

[andydd]

Hi..I asked about 'down south' as I thought it might be notorious clamping company LBS who apparently have been forced to stop by the SIA who withdrew their licence.

 

If its a rented flat there it is possible that the terms and conditions say only she can park there, if there is a lease then this would be in possession of the landlord, however if he is allowed to rent out then I doubt there would be any clause restricting use of the car space but it is possible. Either way it would only be for the landlord/freeholder to take action and if a 3rd party (anothert flat owner) wanted action taken he would jormally have to idemnify the landlord (i.,e any costs would be passed from landlored to the complainer) whilst people may take this route to get a troublseome flatowner removed (for example he has turned flat into crack den or something) its not something you would do in this situation.

 

Andy

[silver_manatee]

If its a rented flat there it is possible that the terms and conditions say only she can park there, if there is a lease then this would be in possession of the landlord, however if he is allowed to rent out then I doubt there would be any clause restricting use of the car space but it is possible. Either way it would only be for the landlord/freeholder to take action and if a 3rd party (anothert flat owner) wanted action taken he would jormally have to idemnify the landlord (i.,e any costs would be passed from landlored to the complainer) whilst people may take this route to get a troublseome flatowner removed (for example he has turned flat into crack den or something) its not something you would do in this situation.

 

Andy

 

Glad to hear it would be a hassle for them over such a petty thing! I've continued to park there and continued to leave the note so we'll see if anyone takes it and reads it. Perhaps they were just having a bad day...

 

Thanks dw190 for the advice about dummy camera domes. I've bookmarked one and may well consider it even if this doesn't come to anything as it looks a remarkably realistic fake!