Neighbour parking in my allocated space: who helps?

Summary

When a neighbour parks in your allocated space, the council and police usually cannot act because it is private land. Who helps depends on what your allocated space legally is: land included in your title, a space let to you under your lease, or a right to park under estate rules. Check your documents first, then ask the managing agent or management company, who can enforce lease and estate rules. Mediation comes next. A court claim is the last resort and is when a solicitor helps. Do not clamp, tow or block the neighbour in.

Key information

• Find out what you have: download your title register and plan from HM Land Registry and check your lease or transfer for parking clauses.
• Leaseholders: the freeholder or managing agent can usually enforce parking rules against other leaseholders. LEASE gives free initial advice.
• Tenants: tell your landlord in writing. They hold the right and should deal with it.
• Freehold owners of the space: it is a civil trespass issue between you and the neighbour.
• Keep a log with dated photos, and copies of any notes or letters.
• Clamping or towing on private land without lawful authority is a criminal offence in England and Wales. Blocking the car in can also cause trouble for you.
• Police help only if there are threats, damage or other crimes. Councils deal with abandoned vehicles, not private parking disputes.
• When to speak to a solicitor: you own or lease the space, the neighbour ignores letters and the managing agent, and it has gone on for months. A solicitor's letter often ends it. A court injunction is possible but costly.
• The managing agent can: check the lease or estate rules and write to the neighbour asking them to stop; enforce any estate parking scheme, such as permits. They will not act if the space is your freehold land outside their management, or take court action without the freeholder's agreement.
• Citizens Advice can: explain options and mediation using problems with neighbours and complaining about your neighbour. They will not write to the neighbour, enforce the lease, or go to court for you.
• LEASE can: give free initial advice on what your lease says about parking and who can enforce it. They will not take action against the neighbour or the freeholder for you.

Practical guidance

• Check your title plan, lease or transfer for the allocated space.
• Speak to or write politely to the neighbour, enclosing the plan.
• Write to the managing agent, freeholder or estate management company with your log and photos. Tenants: write to your landlord.
• Try mediation. Your council or Citizens Advice can point to local services.
• Leaseholders: get free advice from LEASE.
• Still blocked: a solicitor's letter, then a court claim if needed.
• Ask the Shaman to check which route fits your documents.

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