Parking h**l!?

Question

Hi everyone, I live in a new estate where we have problems parking. We all have one an allocated space but with me and my partner we have two cars. (as does nearly everyone else here) There are some unallocated spaces where we sometimes park. We have today received a note on our car stating: Parking regulations within the estate are governed by the transfer of parts and lease agreement signed by all residents ....... please be aware that if this infringement happens again it will result in the removal of the vehicle.

Can this happen? There are no signs stating clamping, removal of vehicles.

Can someone please clarify; I would very much appreciate it.

Thanks

Len

Answer 1

By law and not your (HOA) laws, they cannot tow your vehicle unless there is a sign posted and the sign has to be visible to all property owners.

Answer 2

Go to the parking section of the forum on pepipoo.com and post this question there.

There you will get expert answers.

Answer 3

if it is in a lease agreement that you have signed sadly yes they can clamp you

its a common problem on estates where people now have more than one car

Answer 4

they can do it, I also live in a place like that. We have only one allocated parking space, but we have four cars, so we just park out in the street.

Answer 5

In an estate with assigned parking, there do not have to be any signs telling you what the rules are regarding parking as they are part of the agreement.  Normally unassigned spaces are for occasional use by residents, not regular use, and are used by visitors.  You also don't need a sign because you have received a written policy warning, in advance.

Answer 6

I had something similar where I used to live. Pain in the backside that they only give you one space...

If you were to be clamped, or towed away, I think that you stand a good chance of getting compensated at the civil court due to the fact that there were no signs up. They cannot prove that they have warned you.

In my case, there were no signs to start with as the residents association that made the rules had no idea how impliment them legally.

If I was the parking regulator going to court against you, I would need photographic evidence of your car, in relation to where the sign is, that warns you not to park there.

Answer 7

Hi Len

im affraid as it private property and on a estate, they can.

They have formally warned the driver of the car (you in this case) and whilst i dont agree with it, they can at your cost recover the car as incorrectly parked... as it its your agreement you signed/endorsed.

on this issue, on my estate, were not allowed to have commercial vehicles (even vans) or front garden walls or dividing shrubs?? why..? i understand about lorries but an escort van and such like... daft...

If in doubt pop into a friendly solictor, they will hear your case for a few quid for the 1st 30-45mins that way you will know.

hope this helps, good luck