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Hi unique situation:
: We have a private estate (cul de sac), houses at the back and a small block of flats at the front. Our houses are owned outright, the flats are part owned part rented by the developers who maintain ownership of the private road.
: To one side of the private road, are the side and rear of 2 shops, bakery and butchers, who's shop fronts are onto the public highway. They have right of access for delivery.
: The bakery own a pavement that runs down the entrance and around 10 meters into the estate, which is the entrance and exit to the main public road
: The public park with 2 wheels on the pavement and 2 wheels on the private road, the bakery has a sign up informing them they are allowed to do this (they are not but that isn't the point)
: The parking for the flats is opposite this pavement and the planning permission dictates that they have I think around 3m for parking and 3 or 4 m for ease of entrance and exit to the space. This has been confirmed by a planning officer as the minimum allowed under local planning laws. When the public park with 2 wheels along the pavement (which is on the private road) they reduce this area and make it very difficult or not possible for the flat residents to enter or leave their parking bay.
: The road owners are unwilling to get into a legal argument with the shops over use of the pavement and allow the public to park there and generally cause a nuisance on the private road
: I have spoken to the flat owners and I believe they may have an argument in Small Claims over the developers (and still owners of the road) due to not being able to freely enjoy and use their parking space, this has also been confirmed by the local planning agent, who came over as a favor to measure and look how to fix the issues.
I am aware this is clutching at straws. We have lived here for a few years and our home is a few meters away from the pavement and flat parking so we get the spill over. We have tried many avenues to fix the issues but the owners are not interested in helping so I have hope that a legal claim may kick them into gear if the flats to all issue a letter before action to them.
Question is, for those who may know, what would the financial outcome potentially be? As I understand it a letter before action needs to have a cost associated to it. And secondly, would this even work? Naturally we can't charge each individual or delivery company (for the shops) that uses the space without permission. The road owners (who also own part of the flats the built, as a housing association) surely have a responsibility legally to ensure that the residents of the flats and users of the parking spaces that are allocated to them are free to use without encumbrance?
: We have a private estate (cul de sac), houses at the back and a small block of flats at the front. Our houses are owned outright, the flats are part owned part rented by the developers who maintain ownership of the private road.
: To one side of the private road, are the side and rear of 2 shops, bakery and butchers, who's shop fronts are onto the public highway. They have right of access for delivery.
: The bakery own a pavement that runs down the entrance and around 10 meters into the estate, which is the entrance and exit to the main public road
: The public park with 2 wheels on the pavement and 2 wheels on the private road, the bakery has a sign up informing them they are allowed to do this (they are not but that isn't the point)
: The parking for the flats is opposite this pavement and the planning permission dictates that they have I think around 3m for parking and 3 or 4 m for ease of entrance and exit to the space. This has been confirmed by a planning officer as the minimum allowed under local planning laws. When the public park with 2 wheels along the pavement (which is on the private road) they reduce this area and make it very difficult or not possible for the flat residents to enter or leave their parking bay.
: The road owners are unwilling to get into a legal argument with the shops over use of the pavement and allow the public to park there and generally cause a nuisance on the private road
: I have spoken to the flat owners and I believe they may have an argument in Small Claims over the developers (and still owners of the road) due to not being able to freely enjoy and use their parking space, this has also been confirmed by the local planning agent, who came over as a favor to measure and look how to fix the issues.
I am aware this is clutching at straws. We have lived here for a few years and our home is a few meters away from the pavement and flat parking so we get the spill over. We have tried many avenues to fix the issues but the owners are not interested in helping so I have hope that a legal claim may kick them into gear if the flats to all issue a letter before action to them.
Question is, for those who may know, what would the financial outcome potentially be? As I understand it a letter before action needs to have a cost associated to it. And secondly, would this even work? Naturally we can't charge each individual or delivery company (for the shops) that uses the space without permission. The road owners (who also own part of the flats the built, as a housing association) surely have a responsibility legally to ensure that the residents of the flats and users of the parking spaces that are allocated to them are free to use without encumbrance?
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