united-kingdom real-estate parking
How do I find out the ownership conditions/rights regarding shared parking?
<p>I have recently been lucky enough to buy a long term place to live. It is freehold with various conditions, including a modest service charge for upkeep of communal areas and an allocated parking space in a shared parking area.</p>

<p>How do I find out the exact conditions/rights regarding the shared parking space?</p>

<p>In the material I got and looked through with the conveyancing solicitors, I only saw the parking space marked in a colour different to the main plot. I do not recall any specific conditions on the parking, neither did I see these on a second pass through the documents.</p>

<p>I think to be sure I need to obtain transfer deeds - if so are these accessible through the title register for the house plot or do I need to find a separate title including the shared parking area?</p>

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<p>Background:</p>

<p>I am in the unfortunate situation of being charged for parking in my designated parking space while I was waiting for permits to arrive.</p>

<p>The parking enforcement company insists it is the right decision and that it cannot give me any details of their legal basis for doing so due to client confidentiality.</p>

<p>The management company to which I pay the service charges has some dealings with the parking enforcement company, but insists they did not set up and do not manage the agreement, they just pass on whitelisted car registration numbers and issue parking permits on behalf of the enforcement company.</p>

<p>They refer to the owner of the shared area. The owner in turn wonder why the management company is not more helpful, but suggest I look up "transfer deeds".</p>

<p>Don't worry about it: you don't have to.</p>

<p>Just because someone says you owe them money doesn't mean that you do. The onus is on <em>them</em> to prove it on the balance of probabilities, either to your satisfaction or in court.</p>

<p>Write to them stating you are the owner of lot X and the parking spot is part of that lot. Ask them to state the legal basis for their charging you a fee for the use of your own property. Note that you have not entered a contract with them as either the lot owner or vehicle owner. Note that under English law, private organisations are not allowed to charge fines or other penalties. Tell them you will not be paying. Remind them that it is illegal for them to take any action for recovery including reporting the matter to a credit reporting agency unless and until the debt has been proven. If you want to be extra provocative, tell them which courthouse is most convenient should they wish to take the matter further. </p>
