UK Legal opinion on civil action.?
If you have any UK legal expertise in this area I would be grateful for an opinion.
Residents from a privately owned block of apartments with inadequate parking provisions are now parking there vehicles in our block taking our parking spaces. Unfortunately their block is a housing association shared ownership scheme so most of the people causing the problem are ‘CHAVS’ and only know to words when you try and talk to them, “F*** OFF”. They know they are doing wrong but they also know that you can’t enforce it so they don’t care.
If the management company (owned by the residents) from our block spend a few thousand pounds on electronic gates to solve the problem. Can we sue the management company of their block to recover the costs as it is their residents causing the problem?
Answers:
The answers above (save perhaps for the last one), are very helpful.
I'm not going to give you a legal opinion because I am not permitted under my professional body to do so in this forum, but although you can sue whom you wish, the questions are:
(i) do you have a recognisable cause of action in terms of suing for the costs of the gate and
(ii) will it succeed?
The answer, regrettably is (i) no and (ii) therefore obviously no.
You could, in theory, sue for civil trespass (for all the good it would do), but that's about it.
A private clamping firm would be your best bet (apart from the gates).
Sorry I can't be more positive, but you know where you stand.
I think it most likely that you would have to try every other avenue first. Get a lawyer to write a very curt letter to the other management company, the ones who own the complex where the cars are coming from. Failing that you could begin a case against them. It is most difficult for the management of the other complex to police the matter as I am sure they have told the residents they are not to park in your place. You are entitled to do what you can to prevent trespass, and that's what it amounts to. I assume the place where you live is private property? You could even get a company to clamp the wheels of those repeat offenders who park illegally. And you could put up an electronic gate, but I think you would have to seek legal advice as to the suing them for the cost of the gate. They would have to show that they have done everything possible to prevent their residents from parking in your property. If they continually fail to prevent that, then I think you would have a good case. I am sure you have got notices up stating that it is a private car park and others park there at their own risk. I would even go so far as to put a notice up which states any violators will have their wheels clamped, and then let them take you to court. They would have a difficult time because they would have to admit they were parked illegally...Good luck
I find it highly unlikely that any liablity would be able to be pinned on them. If they are parking in a space usually reserved for you the only thing you could do it to take any action in the tort of "tresspass" but this could only be done if the parking space is land you own. If it is simply a parking space that is open to anyone they may be causing you problems and being an annoyance but unfortunately that is not breaching any criminal or civil laws anymore than a next door neighbour who whistles all day long!
In order for A to make B liable you need to have something you can "pin" on them. If you did spend money having electronic gates fixed I cannot see anyway that this would be recoverable.
the answer is no, the company is not responsible for the actions of its tenants when they are not on there property.
have you contacted your local council about this problem, as they have all the powers to do something about it, like making it a permit parking place only and just allowing in 2 parking bays a 15 minuet waiting time for services.
the problem in putting up gates is how do the right people get access but keep the wrong ones out, i think permits is really the only way. best of luck
no idea what you are talking about.legal jargon is not that easy to understand!
Get your management company to employ a clamping company , issue the tennants with parking permits , get the signs up ,
There you go , they park , they pay , and if they don't towed
problem over , all legal like
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