Q&A - Controlling Parking 

Have any of your subscribers had issues with controlling parking? I have 1 resident refusing to stop parking on our road, despite deeds saying not to obstruct/all have assess to pass; letters,bringing in ticketing company, Inc.solicitor letter! Any advice would be much appreciated!

Name Withheld

ANSWER

Parking issues can be very tricky.

The first place to look is the lease to see what provision is made for parking or access and the recourse available to the landlord/management company for breach of those terms, including forfeiture. Forfeiture is not always an ideal solution, therefore the landlord/management company should consider an application to Court for an injunction. The injunction will order the lessee to comply with the lease by refraining from parking on the roads. Breach of an injunction is a criminal offence, so the threat of an injunction is often enough to remedy the lessee’s behaviour.

The costs of such action will need to be carefully considered. In most cases the Court will order the lessee to pay the costs of the application, although enforcing such orders can be difficult – especially if the lessee is of little means. Consideration will need to be given to other ways of recovering the costs under the lease.

Enquiries can also be made of any local authority parking enforcement agency. You should be aware that clamping on private land was outlawed last year under the Protection of Freedoms Act.

Faye Didcote , Solicitor at DMH Stallard LLP