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Legal matters

Parking on private land

13 replies

ChablisLover · 02/10/2015 08:13

basically, my work offer limited parking on private land and it has come to our attention that other non-staff members are parking there and taking up valuable spaces. is there anything that can be done?

Thanks

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RNBrie · 02/10/2015 08:20

ask the police

This isn't very helpful... But it seems to suggest that if you give adequate warning, you can remove cars from private land. You'd probably need to check with the council and local law enforcement. But a strongly worded sign might suffice...

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Collaborate · 02/10/2015 08:36

Like supermarkets you can have work put up a sign to say that only authorised persons may park there. Without authority there can be a scale of charges, which can be pursued through the civil courts.

Another thing you can do is simply park so as to block them in. Not ideal I know, but if they have to wait an hour or two before someone appears to remove the obstruction they'll soon stop parking there.

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Grazia1984 · 02/10/2015 08:42

Yes and the protecton of freedoms act by the way recently banned clamping on private land so do check the law before you do anything. On our private estate we sometimes try notes on the cars. We had a few which are hard to remove too but think those might amount to criminal damage of the car so we don't use them.

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RNBrie · 02/10/2015 08:46

I'm pretty sure it's illegal to block in a car as well, so don't so that or you'll end up in more trouble than the person parking. There's probably an asbo or something similar you can apply for if it's always the same people doing it. But that's going to mean making a note of license plates every day.

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TheGirlFromIpanema · 02/10/2015 09:06

Can you put some sort of gate in so only those allowed in can physically drive in? Or a barrier type thing with a padlock?

If it was me I'd definitely be blocking cars in

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ChablisLover · 02/10/2015 09:22

we cant put up a gate but he has parked here for so long he thinks he can get away with it. We did think he worked in the building - there are a number of firms within it but I just thought i would ask this morning and no it turns out he doesnt work here. Mentioned that there might be tickets or clamping but he just said he would take his chances

What annoys me is that he is taking up a valuable parking space for staff members and wont park elsewhere and it is so bloody early in the morning, there is plenty of other places

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LurkingHusband · 02/10/2015 10:07

The recent Beavis court case allows the land owners (or their agents) to make a reasonable charge for occupying the space, in recognition of the fact that if they couldn't, the landowner will have lost the benefit of owning the land. IANAL, but that's my take on it. It effectively negates the knee-jerk "just bin it" answer to private parking charges. They can be enforced in court. If "reasonable".

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LurkingHusband · 02/10/2015 10:11

The fact he is a regular transgressor makes it easier. Just leave a note on the car noting that he is parking on private land, and that in future the charge will be per day. If he continues to park there, he will have accepted those T&Cs (which will make enforcing a claim in court a cakewalk).

Most of the controversy over private parking disputes arises from a situation where the drivers acceptance of the T&Cs is disputed.

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TheGirlFromIpanema · 02/10/2015 10:31

If you do what LH suggests I would add that you should take pics/times etc noted of the notice on the car so it can be proven that the owner received it.

I believe that is why councils use very sticky little packets these days - so drivers cannot say they did not receive the notice.

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LurkingHusband · 02/10/2015 10:43

I believe that is why councils use very sticky little packets these days

Our council has the pictures online within 4 hours, and typically before the offending vehicle has been moved.

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wowfudge · 02/10/2015 13:01

Now you know he isn't an employee of anyone in the building, I would offer him a licence agreement to carry on parking there, payable monthly. This may be enough to get shot of him. Not an outlandish charge, but perhaps more than the nearest car park.

If you really can't have him taking up the space then put it in writing that it is private land and procedures have been tightened up so you know he doesn't work in the building and he cannot continue to park there.

Every company in the building should keep a log of employees' cars. It might also be worth designating set spaces to the different companies - then it's easier to spot an authorised car.

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wowfudge · 02/10/2015 13:07

Unauthorised obviously

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Collaborate · 02/10/2015 15:55

You won't get in to trouble blocking him in. As soon as he comes to your reception to say he's blocked in, he's given a stern lecture on the law of trespass, and told that the car owner is in a very important meeting, and cannot be disturbed. The meeting then finishes an hour later, he's awfully inconvenienced, and never parks there again. Job done.

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