parking regulations
📖 What is parking regulations? Meaning and definition
Parking regulations are specific rules governing the parking of vehicles on a site, typically found within the express terms of a tenancy agreement, such as those for residential mobile homes. These regulations dictate aspects like the number of vehicles permitted per home or pitch. For instance, an agreement might explicitly state that only one vehicle is allowed to be parked per mobile home.
These regulations are legally binding on the occupier, who is obliged to comply with them as they are in force from time to time. Breaching these rules, such as parking more vehicles than permitted, can lead to a determination by a tribunal that the occupier is in breach of their agreement. This often happens when a site owner observes or is informed of non-compliance and sends correspondence reminding the occupier of the rules.
Before a sale or assignment of an agreement, prospective occupiers may be advised of these parking limitations and might even confirm their intention to comply, for example, by stating they will only park one vehicle. However, disputes can arise if an occupier subsequently parks more vehicles than allowed. In some cases, a tribunal might consider whether a site owner should exercise discretion, for example, to accommodate a request to park additional vehicles on grounds of disability, before issuing an order to remedy a breach.
Ultimately, compliance with parking regulations is a condition of the tenancy, and failure to adhere to them can have legal consequences, potentially requiring the occupier to remedy the breach.
📋 Requirements
- The parking regulation must be an express term within the written agreement (e.g., a Mobile Homes Act written statement).
- The occupier must be obliged to comply with the rules in force from time to time.
- The regulation must specify the parking conditions, such as the number of vehicles allowed per home.
- The occupier must be found to be parking vehicles in excess of or contrary to the specified rules.
📝 Procedure
- The site owner identifies a potential breach of parking regulations, often through observation or reports.
- The site owner sends correspondence to the occupier, reminding them of the rules.
- If the breach continues, the site owner may apply to a tribunal to determine if a breach of the agreement has occurred.
- The tribunal assesses the evidence, including the agreement terms and communication between parties.
- The tribunal determines whether a breach has occurred and may consider whether to issue an order to remedy the breach, potentially allowing for discretion in certain circumstances (e.g., disability).
💡 Examples
- A mobile home owner is found to be in breach of their agreement because they consistently parked two cars on their pitch, despite the agreement explicitly allowing only one vehicle.
- Before purchasing a mobile home, the buyer confirmed in writing that they would only park one specific vehicle on the site, acknowledging the existing parking regulations.
- A site owner sent multiple letters to a resident reminding them that parking a second vehicle on their allocated space was a violation of the site's rules.
- A tribunal declined to immediately order a resident to remove a second vehicle, suggesting the site owner first consider the resident's request for additional parking due to disability.
📚 Legal basis
- Mobile Homes Act 1983
- Mobile Homes Act 2013
❓ Frequently asked questions
What happens if I park more vehicles than my agreement allows?
If you park more vehicles than your agreement allows, the site owner may consider you in breach of your tenancy agreement. They will likely send you correspondence reminding you of the rules, and if the issue persists, they may apply to a tribunal for a determination.
Can parking regulations be changed by the site owner?
The agreement often states that the occupier must comply with the rules 'from time to time in force'. This suggests that rules can be updated, and you would be obliged to comply with the current regulations.
I have a disability and need to park an extra vehicle. What can I do?
In some cases, a tribunal may suggest that the site owner considers exercising discretion to accommodate requests for additional parking on grounds of disability. You should communicate your needs to the site owner and provide any relevant information.
Is a verbal agreement about parking valid?
The cases show that parking regulations are typically express terms within a written agreement. While prior discussions might occur, the written agreement usually governs the formal rules.
What kind of evidence is used to prove a breach of parking regulations?
Evidence can include the written tenancy agreement, correspondence between the site owner and occupier, and observations or reports of vehicles parked on the site that exceed the allowed number.