Park­ing bays cause me a real headache

PLEA TO HOME­BUILDER FOR CLAR­I­FI­CA­TION

Sunday Sun - - News -

A HOUSE builder has been ac­cused of start­ing a dis­pute be­tween neigh­bours over park­ing.

Both say Per­sim­mon Homes should have given more clar­ity over who is al­lowed to park in vis­i­tor bays on an es­tate.

But the builder says it will not get in­volved.

Claire Calvert, who moved into a new-build home in Ash­ing­ton eight years ago, claims the com­pany has washed its hands of re­spon­si­bil­ity.

She said Per­sim­mon Homes should do some­thing to re­solve the dis­pute be­cause they de­signed and built the es­tate.

Claire ad­mits the bays are on her neigh­bour’s land but says they are sub­ject to a re­stric­tive covenant which says any­one can park there.

She said: “When I bought my prop­erty I was ad­vised that it had vis­i­tor park­ing bays at the back.

“I ob­tained my deeds and the plot where the bay is sit­u­ated had VP marked on it so I didn’t think any­thing of it.

“But I had a dis­pute with a neigh­bour who said she could stop peo­ple park­ing there if they wanted.

“I con­tacted Per­sim­mon who ad­vised that I did have ac­cess and there was a re­stric­tive covenant in place, which meant it was for shared ac­cess be­tween the four houses near it.

“But I was not given any­thing in writ­ing which made it clear enough.”

Claire fi­nally did re­ceive a let- Claire Calvert of Ash­ing­ton is in dis­pute over a park­ing space ter from Per­sim­mon but was still left feel­ing it still did not re­solve any­thing.

The let­ter con­firmed the own­er­ship of the land was with the neigh­bour. It also con­firmed the bay was sub­ject to a re­stric­tive covenant mean­ing the land can only be used for the pur­pose of a vis­i­tor park­ing bay.

But it went on: “The deeds are clear as to what a vis­i­tor park­ing bay is, in that it is for the use of any­one to park on a tem­po­rary ba­sis.”

Even this didn’t help and Claire says a check on her deeds re­vealed she had never been granted legal ac­cess to the vis­i­tor bays.

We have spo­ken to the neigh­bour and she said she did not wish to com­ment.

An­other neigh­bour, John Hall, said he did not want to take sides.

But he said Per­sim­mon had re­jected a plan to end the dis­pute.

He said: “Ev­ery­one has a drive where you can park.

“The prob­lem is th­ese two vis­i­tor bays.

“If they put more bays at the op­po­site end ev­ery­one will have space.

“I phoned them and they said they wouldn’t be will­ing to pay.

“They are still work­ing on the site so it would not be a big deal for them.”

We asked John Eynon, man­ag­ing di­rec­tor for Per­sim­mon Homes North East, for his point of view.

He said: “All covenants are ex­plained by the buyer’s con­veyance so­lic­i­tor at the time of pur­chase.

“We don’t get in­volved with neigh­bourly dis­putes, but any is­sue should have been brought to the so­lic­i­tor’s at­ten­tion when the prop­erty was pur­chased eight years ago.”

Claire said she was un­happy with the lack of ac­tion.

She said: “I want to know what they are go­ing to do to re­solve this and I would ex­pect a con­sid­er­able amount of com­pen­sa­tion.

“I know Per­sim­mon do not get in­volved with neigh­bourly dis­putes but my is­sue is with them and not my neigh­bour now.”

DO you have a con­sumer com­plaint or need Mr Jus­tice’s help in your bat­tle with a school, hospi­tal, coun­cil or any­one else in au­thor­ity? Write to: Mr Jus­tice, Sun­day Sun, Groat Mar­ket, New­cas­tle NE1 1ED. Please in­clude both day­time and evening phone num­bers. You must be will­ing for us to fea­ture your story. You can also con­tact Mr Jus­tice by email­ing Mr. Jus­tice@ncj­me­dia.co.uk

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