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Car locked in private gated parking (I rent from a landlord there!)

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  • Car locked in private gated parking (I rent from a landlord there!)

    I’m not sure if this is the place to post this, but since it’s a parking issue, I will post here.

    I rent a parking space in the adjacent block of flats, it’s on private land, and it’s a remote controlled gated compound car park wise. I have been renting it from a landlord there since late 2018, and had no issues at all, landlord resides abroad. As far as I know this place runs an RTM styled self-management. I have a signed rental contract with this person, just for the parking space.

    More recently (almost 2 years now!), there has been a change in management, and they have also hired a property management company. Been approached on handful of occasions by the new people who run the RTM and they have mentioned that I cannot park there etc. However as I have a rental contract with my ‘landlord,’ have the working fob (until recently) and have seen his parking assignment which states that as long as he is a leaseholder there, the parking assignment is valid. These guys did confirm he is a leaseholder there. So I mainly ignored them.

    However they have now changed the code/fob for the gate, and when my landlord requested this from the property management company, they have refused on the basis that the RTM company does not recognise this parking assignment, and there is no parking rights towards his leaseholding even though it was previously issued by the same company (under the previous management of course). I must add that both my landlord and the new people who run the place have known to have not seen eye to eye.

    Also for the last couple of months the new property management company has kept sending me invoices for parking even though (1. I did not request to rent from them, 2. I haven’t signed anything with them, 3. I’m not even a leaseholder there and have a contract with my landlord), along with the associated threats of trespass should I not make payment etc.
    I heard from a friend who studied law (but did not want me to take his knowledge as true as it was ages ago that he studied), that I should in the first instance.
    1. Notify the landlord I have the parking rental contract with to sort it. Which he is trying to, but they are blocking him.
    2. I could in theory get a solicitor to write to them, as they are illegally locking my car in and maybe take it further if they refuse.
    3. I could break the rental contract with the said landlord after being given a 'sufficient time' (say a month) to sort the issue between landlord and RTM/property managment firm.
    Also I’ve come to know that another resident had their car towed by these people and sold on within a week (on private land, gated carpark) as their car was declared as SORN, as they were stuck overseas due to the pandemic and also been sent invoice demanding parking rental even though their landlord (rent the entire place plus parking from landlord) has included it in the rent and has parking assignment likewise. I understand that it’s illegal to tow a car from private land (gated) if the car has insurance, MOT, tax and not amassed parking tickets, but no idea on SORN.

    My question is, is there any advise you can give me on what I should do? The housing management company has also threated to tow my car couple of months ago, but have retracted since, after my landlord read them the riot act regarding illegal towing on private land. I have no doubt they are just taking instructions from these new managment.
    Last edited by KXL88; 25th January 2022, 13:51:PM.
    Tags: None

  • #2
    In which part of the UK is this "rent stabilized" apartment with a parking place that you pay for in dollars located?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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