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Parking Pitfalls

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  • Parking Pitfalls

    Hi I'm kind of at the end of the line here with my neighbour. I want to avoil going to law for all the obvious financial reasons.

    Briefly here is my problem.

    In Aprill 2000 I bought a new house from a big well known housing developer. It has a drive. In front of the drive is a turning area that gives access and egress to my drive.

    In April last year my neighbour - who has a designated parking bay - but no on site drive started parking in the turning area. This despite a sign but up at the behest of my lawyer when buying the house telling people to leave the area clear as access was needed.

    I spoke to neighbour. Kept it friendly. He used all sorts of excuses based on security. He's scared of getting his car nicked.

    Repeated requests to move were declined. I don't have a car - but visitors do - and I specifically bought a house with a drive to add to the value etc.

    I wrote him a friendly letter - outlining that he was breeching the deed of covenant which we all signed with the developer agreeing not to be nuisence neighbours.

    He had admitted that he is in the wrong but fails to move.

    I have had a friend - not a lawyer - speak to him in an informal manner. He meeting was documented and despite every effort - and threat of law - he refuses to budge.

    The police are no help. The roadway outside my house is not yet adopted. They have however spoken to him and he has told them he won't move.

    I have approached the developer who claim it is not their problem. Though they technically own the road and we signed the agreement with them when we bought our houses.

    The sign went missing and after a lot of fuss I have persuaded the devloper to erect a new sign.

    When the road is adopted - sometime in 2003 I will be able to get the police involved and hopfefully get him ticketed for obstruction.

    But surely the developer - who sold me the house and who still owns the road outside my house - must do something. Why should I go to the expense of sueing my neighbour?

    Any advice will be appreciated. Thanks in advance and sorry for the long post. Brightstar.

  • #2
    I totally agree with aquarius,

    make your self an utter pain with the devolopers law department.

    don't forget to get the names of everyone you speak to and when and who either phone/letter/in person.

    if you have to hassle them to get a result then do it..make them groan when they know it is you on the other end of the phone!

    I know it will be repeatative and a pain to do but in the end they will do something just to get rid of you!!!

    try threatening them with the local paper....that might bring a very fast reaction!

    no large firm likes bad publicity!

    BTW- welcome to the group, hope you will get some help and advice from the other members!


    • #3
      hi Brightstar

      Totally agree with E.Beth. On the surface it would appear that you have some recourse against the persons/ company that sold you the house on the proviso that there was stipulation about parking rights etc.

      As E.Beth states you need to become a total pain in the ****!! with these people. To use a good Scottish Phrase......."Be like a dog wi a burst ba" (ba= ball) ie do not let go!!!

      You have one major advantage. Bad publicity!!! Especially if it affects them selling other houses. Can you imagine how fast they would act if they appeared in the local paper with regard to the fact that if you buy one of their homes you'll be lucky if you can get parked!!!and in fact the parking rights are not worth the paper they are written on!!!

      ....just a thought!!

      keep in touch

      "Take off and nuke the site from orbit- it's the only way to be sure!"

      apologies if you are an "Aliens" fan

      Posh Noodle - NOT for the likes of YOU!!


      • #4
        The guy just sounds like a to**er, and if you're right about him being in breach of agreements signed with the developer, then it sounds like you've got everything on your side.

        If I was you, I'd just get my solicitor onto this - seeing as he's refused to respond to reasonable requests, you could argue that he has forced you into going legal and so you could try to recover all your legal costs from him.

        Most solicitors will offer a free 15-20 minute initial consultancy for free so you could use that to check if what I've just said is reasonable.


        • #5
          hi Brightstar!

          any joy with your parking yet?

          I saw your name on the users list and thought I would remind my self of your story, sometimes there are so many stories of horror you can forget who has what problem!!

          let us know how it is going and I hope all in the world is good with you!