I have business premises on the main A629 road. On a private side street which on my original deeds states it belongs to the property to the centre of the street, which means we have a parking area for two vehicles. A new owner has moved into the street and has decided to park his vehicle on our parking area, I have asked hime to move the vehicle and he refuses and says that he can park where he likes, a nasty person really. Everyone on the street has one vehicle to one parking area in front of each house, the new owner has two cars with one parking area. Our deeds are on original waxed paper with the area we own outlined to the centre of the street, who is in the right? If he continues to park there what action can I take?
Province/Country relating to question : West Yorkshire/UK
Speaking to the neighbour
I presume this is private land?
This is a private street, it is not maintained by the local council.
Ok. What's the consequence to you of him parking there? I realise he shouldn't but what's the effect ?
The side street is where our delivery and loading door is which is exactly where he parks. It is the fact that he just took for granted that he was having the parking space, if he had called to see me and explained about the situation then we could of sorted something out. I work strange hours, normally 06.00am until 9.00pm, not always at my premises, but when I turn up for work and cannot park outside my own premises it is frustrating.
Sorry for the delay. I lost my connection. I'm back now and can look at this.So is it right to say that there is no loss safe for inconvenience and frustration?
Hi,We have two vehicles which should be allowed to park outside our premises and we can't. His car is parked there all weekend and there is room for our customers. It is inconvenient and frustrating, the most annoying thing is that he is not bothered, I understand he has upset another couple of neighbours because of the same thing...that's when he can't park outside our premises
So is it right to say that there is no loss safe for inconvenience and frustration?
That is correct, I do feel that I should be able to turn up for work and park where my deeds state I own. We have owned the property for the past 50 years without any problem
Okay. Parking there does amount to a trespass if only you can park there. The difficulty here lies not in the factor you have an action but in the fact that you seem to be suffering no actual claimable loss.You can sue you for trespass very easily at Small Claims Court. However, to bring a claim and trespass you have to show a loss. I do realise that this is frustrating and inconveniently shouldn't be doing it but you are not suffering any loss that can be quantified. Unfortunately the law requires a quantifiable loss in the UK. We don't give punitive damages I'm afraid.Another alternative is to seek a mandatory injunction from the County Court to prevent him parking there. That's probably would be available if the deeds as you say. But it is a very expensive action and you cannot hide from that.Another alternative is to consider towing the vehicle and suing him for the cost. There is complication in that. However if you can tow without causing damage then, in summary, you are allowed to do that. What you are not allowed to do is remove his car and refuse him access to it until he pays unless you have specific powers. But you could still at the Small Claims Court for the loss involved in the cost of towing.Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.
One last question please, would I be allowed, legally, to install parking posts to stop him parking there? These would be the telescopic type which sink into the ground. Thanks.
If this is private landowner unadopted by the Council and the deeds do allow you exclusive parking then yes you can do that.Of course, if it were adopted then that would be different.
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