Disabled parking bay

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disabled parking bay

    Hopefully someone can advise further.

    My block of 19 flats has a disbaled bay which until recently was being used by a tenant just to park his spare car. This issue seems to be resolved but it was suggested this bay could be used for guests and visitors to the flats? Is there a simple way to check if we as residents are able to do this or would the building have been given planning aproval on the basis of this space being for diabled use only?

    Thanks in advance.

  • #2
    its likely a requirement of the planning consent if it is a recent building. If so then no it cant be used for anything except a disabled user. LL agents and residents companies can find themselves sued for unfair treatment if they do.
    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


    • #3
      Disabled parking spaces on private land cannot be enforced, but rely on the goodwill of people not to park there.

      Comment


      • #4
        Originally posted by DNM2012 View Post
        Disabled parking spaces on private land cannot be enforced, but rely on the goodwill of people not to park there.
        Well you are going to have to explain that- off the top of my head I can think of four ways they have to be enforced and more where they can be.
        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


        • #5
          Originally posted by DNM2012 View Post
          Disabled parking spaces on private land cannot be enforced, but rely on the goodwill of people not to park there.
          This is true. I recently had a problem having parked at a service station for more than 2 hours by accident (fell asleep). Got letter with ticket, then 2 more increacingly hosile. Didnt pay, they cant enforce as it is private land...

          Id check with the council. They will be able to advise...

          Comment


          • #6
            Originally posted by barns30 View Post
            This is true. I recently had a problem having parked at a service station for more than 2 hours by accident (fell asleep). Got letter with ticket, then 2 more increacingly hosile. Didnt pay, they cant enforce as it is private land...

            Id check with the council. They will be able to advise...
            No what you are talking about is enforcing a ticket.

            How can the council advise on what are private property parking spaces.
            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


            • #7
              Originally posted by leaseholdanswers View Post
              Well you are going to have to explain that- off the top of my head I can think of four ways they have to be enforced and more where they can be.
              Parking on private land is a civil matter. The landowner would have to conform to a whole host of regulations to allow them to issue PCNs. Then pursue the individual through the civil courts to enforce payment. Not worth the hassle and cost in most cases. Disabled spaces are no different to any other spaces in this respect. The landowner might be expected to enforce the restriction but in reality can't do that much.
              I see heated rows quite regularly in my work car park but cannot do much to the offenders.

              Comment


              • #8
                Ah I see you are restricting yourself to PCNs.

                pcn can be issued as long as there is signage as the same act empowers landowners to ticket and fine. Using POPLA as a source of dispute resolution they can then go to Court, which can be facilitated by a third party member firm of the British Parking Association.

                Individuals can take action against car owners and drivers for their behaviour too. They can do likewise as a matter of planning enforcement.

                Where this is not practical then the spaces can be secured by any number of means allocating access keys fobs etc on the basis they choose, and where there is staff on site access on request of the spaces can be issued to disabled users as above.
                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


                • #9
                  As far as I'm concerned ANY able bodied person not in possession of a valid "Blue-badge" using ANY disable bay needs a da**ed good kicking: Several times: somewhere painful: I'd then confiscate their car...

                  Whilst on private land enforcing this is tricky there are ways of persuasion..

                  Dash it all,'taint British to take advantage of other's misfortune...

                  Cheers!!
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                  Comment


                  • #10
                    Originally posted by leaseholdanswers View Post

                    Where this is not practical then the spaces can be secured by any number of means allocating access keys fobs etc on the basis they choose, and where there is staff on site access on request of the spaces can be issued to disabled users as above.
                    Prevention is better than cure for sure, but making access harder defeats the object off providing the spaces in the first place. In my experience the vast majority do observe the restrictions, the rest can be sent in artfuls direction for kicking(re-education)

                    Comment


                    • #11
                      Why? In most cases the registered disabled at a site register and have access granted.

                      Prevention as you say is open to abuse and while I would not give them a good kicking, but chain them to a wheelchair for a month, both is wrong. And lets face it the person who uses a space is unlikely to be a pleasant individual. I remember warning someone off parking and was given some foul mouthed abuse. I warned them, and when they returned they had two two meter high paladins blocking them. Padlocked. I said its refuse day. When I got an apology I unlocked them.


                      Securing a space means that it is guaranteed and works in the majority of situations.
                      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


                      • #12
                        Originally posted by leaseholdanswers View Post
                        I remember warning someone off parking and was given some foul mouthed abuse. I warned them, and when they returned they had two two meter high paladins blocking them. Padlocked. I said its refuse day. When I got an apology I unlocked them.
                        Mmm...and what did the lease say about that LHA?

                        Comment


                        • #13
                          Originally posted by DNM2012 View Post
                          Mmm...and what did the lease say about that LHA?
                          No lease as it was an open area by the bin cupboards, hatched no parking. They were offered a permit by the concierge to park by the tow path.

                          As appointed Manager " my rules". Act like trash get treated like trash, no they didn't like that answer either.

                          They called the Police who heard what was said and cautioned them for language and behaviour likely to occasion a breach of the peace, and that the Gentleman could well sue you for what you said.

                          Thats the fallacy of these "lost rights" virtually without exception if its not your house or your friends house, the owner must give you permission otherwise dont park there dont get clamped. if the law said that it might have made sense.
                          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

                          Latest Activity

                          Collapse

                          • Excessive Communual repair works - New Landlord
                            samponsford.sp
                            Hi There,

                            I'm hoping you can help. First time posting but getting desperate. I'm a part owner of 3 flats out of 4 that are situated above a takeaway in a building. Recently we have a new landlord who has paid to have a fire safety check completed and also an assessment of the external...
                            21-08-2017, 12:26 PM
                          • Ground rent rpi base
                            landforce
                            Hi.

                            Hopefully an easy question but does anyone know if when the ground rent is rpi linked is it from when the leasehold was set up or when you purchased the property. I.e if leasehold was set up in dec 12 but the property was purchased in Sept 13 is the base from dec12 or Sept 13?...
                            20-08-2017, 08:48 AM
                          • Reply to Ground rent rpi base
                            landforce
                            Thanks for the above . V useful knowledge there
                            21-08-2017, 07:42 AM
                          • Clarification on lease and recovering costs
                            jerome_sw
                            Please can someone clarify the meaning of this section of the lease;

                            "to indemnify the landlords against all costs charges and expenses (including legal costs and fees payable to any surveyor) which may be incurred or be borne by the landlords
                            (a) in or in contemplation of any...
                            20-08-2017, 11:45 AM
                          • Reply to Clarification on lease and recovering costs
                            jerome_sw
                            We are due to attend the FTT on the breach of covenant so if they deem the breach to have occurred then I am thinking (b) could apply. In any event I think (c) would apply as the costs have been incurred in pursuing the leaseholder to remedy the breach and repair the property back to it's original state....
                            20-08-2017, 20:37 PM
                          • Reply to Ground rent rpi base
                            sgclacy
                            The 1993 Act did not regard ground rents of little signicance - the full value had to be reflected in the valuation

                            by having a nil ground rent it was deigned to make it a complete formality for a lender to agree to the deed, originally it was intended that mortgagees consent would not...
                            20-08-2017, 15:31 PM
                          • Reply to Clarification on lease and recovering costs
                            andydd
                            Yes generally accepting the lease as continuing (by demanding and accepting rent/services charges) means you have waived any right to forfeit and so any right to costs, Im really not sure what b) and c) mean, a|) is the standard clause in most leases, Im not sure b) or c) cover breach of a covenant...
                            20-08-2017, 14:16 PM
                          • Reply to Ground rent rpi base
                            MrSoffit
                            "Two properties exactly the same one with a ground rent of a peppercorn and the other with a rent of £250 per annum will attract two differing sale prices. The one with a ground rent will clearly sell for less and the discount in the price is in effect a loan and the interest on that loan is in...
                            20-08-2017, 13:39 PM
                          • Reply to Ground rent rpi base
                            sgclacy
                            Rents linked to the RPI protects both the landlord and the tenant. From the landlords perspective it protects the rent from the adverse effects of inflation and from the Tenants point of view protects them from the consequences of the estimate of future inflation being wrong. For example if inflation...
                            20-08-2017, 11:53 AM
                          • Reply to Ground rent rpi base
                            MrSoffit
                            I ran some capitalisations assuming an original 99 year lease worth £100K when new with 79 years term left to run using the following variables:-

                            Increment rate (years): 15, 20, 25, 33
                            Method: RPI% @ 2.5%,3.5%,4.5% versus fixed doubling
                            Initial amounts: £100, £150, £200,...
                            20-08-2017, 11:08 AM
                          Working...
                          X