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NDOZ
Was directed here from elsewhere after posting this.

I live in a block of flats and we own the leasehold. At the back of our block is a parking area with some bays and garages but also some free space. Some of the bays and free space belong to the flat, but some of it was bought by a local shop owner years ago for his customers to use. He has eight bays and somehow also the land at the end of the free space.

A few years ago we were having problems with parking as people were taking the mickey and we couldn't get out of garages etc. so our management company brought in a permit system controlled by a parking company. Each flat gets one permit and you can park in the bays or the free space. This solved a lot of problems.

Recently people have been starting to take the mickey again but this time they started parking on the shop's land. Understandably the shop owner finally had enough of this, and engaged a parking company of his own (CPM) to patrol his land. This parking company ripped down all signs from our parking company, and a few days later I went to my car (parked in our free space) to find a ticket from them, not the company engaged to patrol our land.

Obviously I'm not going to pay the ticket and I'm going through the motions of appeal with the IAS, but the parking company is adamant they are able to issue tickets on all the land, not just the bits that belong to the shop. They are stating that the ticket is valid purely because I wasn't parked in a bay. It's currently with the IAS but I am aware that this was set up by the parking companies themselves. I've submitted the Land Registry printout showing our land, and the email I received from our management company stating that this seems to have been a mistake, but they're saying they don't recognise the management company and their client hasn't been in touch with them to say it was a mistake (I suspect this will not happen as the shop owner would love all our parking).

We actually have our flat up for sale and the latest letter from the parking company mentions a CCJ if I don't pay, which obviously we could do without when applying for a new mortgage. There's nothing in our lease that mentions parking restrictions. Any advice would be gratefully accepted!
nosferatu1001
No CCJ. You only obviously get a CCJ if a court makes a judgement, and additionally nothing shows up on your file IF you lose and IF you then pay up wiothin (usually) one month of judgement.

If you have a land registry printout showing the land is NOT owned by the shop, then send a cease and desist to the shop owner, and to the parking company, and state that continuing to ticket there will result in a case seekiung an injunction to prevent them from engaging in the trespass, and a claim for torious interference with your lease, and for distress and harassment for processing data without reaosnable cause meaning a breahc of the DPA1998. They have 14 days to cease all activity, cancel all outstanding tickets and to issue an apology and written undertaking to never do this again.

See what others think.

BTW even with a lease the IAS will side with the operator. Theyre corrupt by design.
NDOZ
Thanks for the reply. I was under that impression re. IAS which is why I've started looking for help independently. Just a quick question regarding your reply - if they have to enter our land to get to the shop owner's, is that still trespass?
nosferatu1001
Ticketing a car on your land is the trespass.

Check your lease. there may be no right of way established for the shop owner, but they may have rights due to the length of time its been in use anyway.
kommando
I have a right of way over my neighbours land, but its for accessing my property only, not for putting tickets on his tractor or cows.
NDOZ
smile.gif point taken! Thank you. No, there's no right of way in the lease, but he's had it for at least ten years apparently (the flats are 60 years old).
cabbyman
Some ancient easements are extremely difficult to reconcile. I wouldn't worry about any rights of way, just the trespass of attempting to carry out a business on your land, etc.
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