is this legal?

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  • is this legal?

    I have found a message from the Promerty Management on the entrance door to our block of flats: "If the vehicle Reg xxxxxx is not removed from parking bay 10, by Monday 11th February Property Management will have it removed and crushed in accordance with Greater Manchester Police"
    Our PM has gone crazy!!! Each flat has one parking bay. Sometimes people park in bays that don't belong to them. Can PM remove and crush the car?
    It is not my car - just curious.
    In my eyes PM is taking it to far...

  • #2
    Hmm. But where is the person who owns bay 10 supposed to park, unless the company do take a firm line?

    Comment


    • #3
      I see your point. If the PM park in my bay when they visit site, which they do for cleaning, where am I suppose to park? In someones space? What gives them the right to park in someones bay for the time of cleaning? I may be in a hurry, find a car in my bay and park in someone else's and then leave for two weeks holiday?
      The point is: is it legal to take away someones car and destroy it?

      Comment


      • #4
        Aren't there any visitor spaces for the cleaner to use?

        I think if I was daft enough to park in someone else's space and then go on two weeks holiday, I might expect to find my car missing when I got back.

        Comment


        • #5
          people park in different bays and always have been, since the development was built. Any parking problems were resolved between resindents. Untill now. My question is- can PM really do that? No matter why the car is in bay no 10.
          There are no visitor spaces.

          Comment


          • #6
            Originally posted by laila View Post
            I have found a message from the Promerty Management on the entrance door to our block of flats: "If the vehicle Reg xxxxxx is not removed from parking bay 10, by Monday 11th February Property Management will have it removed and crushed

            ...

            Can PM remove and crush the car?
            It is not my car - just curious.
            In my eyes PM is taking it to far...
            I don't know about whether the LL can have the car removed (and crushed) but it's possibly a breach of lease if a leaseholder parks their car in another leaseholder's parking space.

            Is it just you who has received such a notice? Is there any legitimate reason for the PM to think that this is your car?

            The LL potentially has the same problem as with the issue in your thread 'keeping a dog in leasehold flat'. If they have turned a blind eye to this for years then the obligation on tenants might be considered waived. Especially if the PM parks their car in leaseholders' parking spaces.

            Another tricky situation for the LL.
            I accept no legal responsibility for comments/advice I make on this forum. Please check with a solicitor before acting on statements made in a public forum.

            Comment


            • #7
              It is not my car and I did not receive that message. It was posted on every main door on the estate.
              I am just curious if PM can take your car and crush it legally? Even if it is a breach of lease? It seems a bit OTT to me.

              Comment


              • #8
                Originally posted by laila View Post
                I have found a message from the Promerty Management on the entrance door to our block of flats: "If the vehicle Reg xxxxxx is not removed from parking bay 10, by Monday 11th February Property Management will have it removed and crushed in accordance with Greater Manchester Police"
                Our PM has gone crazy!!! Each flat has one parking bay. Sometimes people park in bays that don't belong to them. Can PM remove and crush the car?
                It is not my car - just curious.
                In my eyes PM is taking it to far...
                My understanding of the law (from when this happend to us), is that they have absolutey no right to do this, in this way at all

                This might not stop them, but they'd be in for a big bill if they did and the owner (of the car) sued them

                tim

                Edit - I meant when this happened to us as disinterested tenant, not car owner

                Comment


                • #9
                  Originally posted by laila View Post
                  I am just curious if PM can take your car and crush it legally?
                  Even if it is a breach of lease? It seems a bit OTT to me.
                  A stranger, who just happens to be the PM, cannot enter private
                  property, steal a car off private property, and destroy it.
                  The police can have abandoned cars, untaxed / uninsured cars
                  removed from the road, via act of parliament, but not from private
                  property.
                  But as stated, "Someone" HAS to take a stand.

                  1)
                  Does your lease state that you have an allocated parking
                  space and maybe shown on the lease. ? Does it say not
                  to park anywhere but that parking space.
                  If so, then the normal proceedure for breach of covenant
                  should be administered.

                  2) Who are the Directors of the freehold company, are
                  they residents within the block, and they in turn "ASK" a
                  management company to run the place on their behalf ?
                  ( Not the managing agents Directors, but the freeholders )

                  If so, then talk to the directors and have the managing
                  agents tow the line and stop telling lies.

                  It has not been unknown for me to park behind an unwanted
                  car, ( normaly workmen, and occationaly visitors ) and let
                  them find out who is blocking them in.
                  When I am confronted, I state that I will have my flat taken
                  off me, by way of forfeiture action if I breach my lease by
                  parking in someone elses space.
                  I also state that as I have been waiting to get into my space
                  for over an hour, they can wait over an hour to get out.
                  That is ONLY fair. I go back out in an hour and move my car.

                  The workmen or visitors are not allowed to touch your vehicle.

                  Write to the PM telling them that although you understand,
                  the notice should be re-written stating breach of the lease,
                  and action taken accordingly, and to remove the "Ilegal"
                  notice they have just put up.

                  R.a.M.

                  Comment


                  • #10
                    I'd say NO, especially now the no clamping laws are in place.
                    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

                    I do not accept any liability to you in relation to the advice given.

                    It is always recommended you seek further advice from a solicitor or legal expert.

                    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

                    Comment


                    • #11
                      Originally posted by laila View Post
                      I am just curious if PM can take your car and crush it legally?
                      They cannot damage the car, but technically they could arrange to have it towed away. Where to and at what cost, who knows?

                      Police won't be interested unless the car is causing an obstruction, if untaxed report to DVLA, abandoned call the local council.

                      This is another example of your PM going about things in a heavy handed way that obviously will rub people up the wrong way. But if the car is moved and the space free then job done.

                      Comment


                      • #12
                        Originally posted by DNM2012 View Post
                        but technically they could arrange to have it towed away. Where to and at what cost, who knows?
                        Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.

                        Comment


                        • #13
                          Originally posted by DNM2012 View Post
                          Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.
                          Since Oct 2012, they can go through the statutory process for abandoned cars, which used not to be available as remedy on private land, but now is.

                          But that is long winded, time consuming and potentially costly (especially if the owner responds to you with "no it's not abandoned, I've parked it there".

                          It certainly isn't something that you can do by "tomorrow".

                          Comment


                          • #14
                            The owner or anyone with a contract for the space, can remove a car at any time, however they are open to a claim for damages physical and civil in doing so. As they cannot tow it away, leaving in another space or area may put them in breach of the lease.They certainly cannot destroy it or have the LA destroy it except where the right circumstances apply.

                            http://www.arma.org.uk/doc/public/LA...ing-Issues.pdf

                            If it ain't yours, don't park in it. If the space is your then subject to the terms on which you occupy or own the space consider erecting a simple post/barrier.
                            Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

                            Comment


                            • #15
                              Originally posted by DNM2012 View Post
                              Sorry must correct myself, since 1 October 2012 the worst they can do is issue a parking charge notice.
                              This has fascinated me since it came in.

                              What is stopping me parking on a random private drive in the London suburbs, and taking the Underground to the Centre, if I am willing to ignore the householder?

                              In the case of the flat above, perhaps what the PM need to do is simply to drop the car on the nearest Double Yellow with their crane.

                              ML
                              Refer Mad Regulators to Arkell vs Pressdram.

                              Comment

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