Reply With QuoteIm no expert, but Im pretty sure that will have absolutely no legal repercussions.
My partner went into our local town yesterday and parked by a couple of businesses that have marked a few parking bays with their name on, she was only there for 10 minutes or so, ( albeit not at one of the said businesses ).
When she returned she noticed a women around her car and asked what she was doing, she had just stuck a £100 parking ticket on her car, well, when I say a parking ticket I mean a typed letter that had her reg plate inserted by hand and placed in a cellophane pouch that looked official etc.
She explained that she was just about to move and the women said ok but don't park here again, ( I must explain that the women was a secretary in the business that had put their name on the parking space ).
My question is, how legal is this, and can it be enforced.
Im no expert, but Im pretty sure that will have absolutely no legal repercussions.
Cheers..
Jase
Absolutely no legal stance, but I can understand their annoyance when it’s clearly marked private parking.
Yep, law should be changed to prevent ignorant, inconsiderate drivers parking willy nilly.Originally Posted by Browners
Don't think she's got any grounds to give her a ticket, but is it worth the battle? Given that it was wrong to park there I'd pay up and not do it again
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Really? Ok.....whilst you are handing out free cash please send me £100 and I won't do 'it' again.
I totally understand that parking in restricted bays, ( disabled, etc ), is very annoying and should be reinforced, but these particular parking bays were never marked up until a few weeks ago when a certain business moved premises, ( basically just next door ), we always try and avoid parking here if at all possible purely because it's quite restricted etc but it just happened that my partner needed to go to one of the other nearby businesses and this was the only free parking spot.
I did ring the local council and ask the question but they were as much use as a mudguard on a tortoise.
My thoughts were that if you just ignored it how would they trace you to follow anything up, ( obviously in this case it doesn't matter, but I'm curious ).
If they have your number plate they can get the address of the registered keeper from DVLA (for a small fee).
Pretty sure they can only get the address if they are a registered car park enforcement agency etc. Otherwise I could get anyones address from the DVLA for a small fee which feels a massive contradiction to GDPR?
Not handing out free cash, just happy to pay for it when I do something wrong. Probably annoying as hell for the business owner. I understand though that they were only recently marked up so they should be a bit more tolerant there.Really? Ok.....whilst you are handing out free cash please send me £100 and I won't do 'it' again.
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Have a look at money saving expert. There is a car park ticket forum on there that gives you lots of advice.
It helped me a lot with a slight different car parking fine problem
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If the land/spaces are owned by the business then parking legality aside could a trespass order not be enforced?
Costs a damn sight more than parking fines too if memory serves.
I would just be grateful that they let it go with a stern word and have done with it. Enforceable or not it's a ball-ache you don't need.
There has to be ‘reasonable grounds’ but I don’t think it’s restricted to who can ask for the information. GDPR isn’t there to guarantee anonymity.
https://www.gov.uk/request-information-from-dvla
A photo of the new signage would help, and the 'ticket', but if its not linked to a registered enforcement company then they have no chance of it being enforceable.
Cheers..
Jase
Would those here who are for free parking on other peoples property be happy if a stranger parked on their drive because they 'needed' to?
Exactly this. If the new business owns or leases the parking spaces then they have a right to expect other people not to use them. The fact that the previous business never put signs up or bothered is irrelevant.
I’m not sure on the legal options for the business though.
Sounds like no comeback whatsoever but until we see the ‘ticket’ , advice might be misleading.
It sounds like they are just peeved with the situation and have had these things drawn up to keep people away .
Other than the OP not sure people are condoning it but the queston of is the ticket enforceable is still a valid question.
As is mine.
Best advice that.
In England, these "parking charges" can now be legally enforced but subject to the landowner having acted appropriately. I wouldn't ignore the notice without doing some research first.
Totally agree.
Exactly. As the MSE site says "unfair".
https://www.moneysavingexpert.com/re...rking-tickets/
Remember, this is about fighting UNFAIR tickets
Of course, landowners have a right to charge for and police parking, eg, if you've blocked a hospital entrance. If you've broken the rules, and you think the ticket isn't exorbitant or disproportionate, pay up.
Yet mistakes happen, whether it's an unclear sign, technology faults, overzealous attendants or just an honest error. The aim of this guide is to prevent you being out of pocket when most reasonable people would think a ticket is unfair
Exactly... Plus in this instance it sounds as if parking by the public isn't even an option or offered, seems like it's a businesses private property and parking spaces and someone has just decided they have the right to park on it.
Years ago I worked for a company with some petty minded individuals and they once clamped a guy in one of the companies allocated spaces. He went to the tool hire shop, rented an angle grinder et voila, job done.
They checked with a lawyer, nothing they could do. Cost them a new clamp too.
Just to clarify, this is not private property, it's a road leading to four businesses and then on to a complex of retirement homes.
As I've already said I totally agree that if you're parked when you shouldn't be parked then you risk a fine, but in this instance I'm not sure if that's the case.
Next time I'm that way I will take a better look at signage etc
It may still be private property even though it’s an access road.
I own the drive that my neighbour and I share but he and his visitors only have access over it and no right to park on it whereas I can do as I please.
Sorry, but all these attempts to justify parking on other peoples property sound a bit "...yeah but, no but...." to me.
Started out with nothing. Still have most of it left.
Section 1 Criminal Damage Act 1971?
https://www.legislation.gov.uk/ukpga/1971/48/section/1
I think that clamping is now (post 2012?) itself illegal.
A friend had this happen but was told if He cut the clamp He was in the sh1t but if He could get it off He was OK. Lol He did as well and never heard anymore Think He dismantled suspension.
A quick update, after speaking to the council, highways and the police, it would appear that what they are doing is not illegal, but unless they are members of one of the accredited organisations then they have no way of following it up should you choose to ignore the ticket.
I've done a quick check on both AOS and IPC sites and they don't appear to be registered.
Also, according to the highways agency records they don't own the road, but it is private.
The offence was committed, so pay the fine. Not trying to be rude, but your partner could have parked elsewhere and walked.
I haven't read the whole thread but, from what I have seen and the OP's most recent post, there is no "offence" (and there is certainly no "fine"; this is not a government/local authority parking matter). It's basically some chancer asking for £100 by, probably, trying to misrepresent the law.
If they want to control parking using the process now permitted by law (including appropriate warning signage) then good luck to them but sticking your head out of the door and saying "Give me £100 because I'd like you to" is not on the face of it a legally enforceable 'request'. Depending on how they are trying to claim the £100, it might even be an offence of fraud.
Can the ticketer obtain personal details from the DVLA if they are not a member of one of the parking company associations?
EDIT: Apparently not:
https://www.gov.uk/request-information-from-dvla
Private car parking management companies that give out parking tickets or trespass charge notices can only request information from DVLA if they’re members of the British Parking Association or the International Parking Community.
Weirdfish, can you post a scan or the text of the letter/notice. Interested to know what they are saying.
Last edited by David_D; 1st July 2019 at 18:28.
Jeez, be like is it really worth all that hassle? Just don't park where you shouldn't and get on with life, it really is too short.
Started out with nothing. Still have most of it left.
As Dave has said, there is no offence here.
Cheers..
Jase
So just walk away and bin the letter then. Sorted.
Started out with nothing. Still have most of it left.
We're in the opposite position - a neighbour owns the shared driveway which gives access to our garages. However, legal advice was that they have no right to park anywhere on the driveway (even though they could do so without impeding access for us and the other neighbours who share the driveway) as they would then be interfering with our right to "pass and repass freely" over the driveway.
We have an amicable relationship, and as long as people/visitors park sensibly there are few issues, but ownership of a shared driveway doesn't automatically confer rights to park on it. (Obviously in your case your deeds may say otherwise!)
Sounds It sounds like a great scam. Create your own parking tickets and go around putting them on peoples cars and presumably a percentage who aren't paying attention will pay your "fine".
Just a guess but for it to be enforceable the space would have to be specifically marked on the ground and also with signs indicating conditions of parking and how much of a fine to expect for violating? Something like that?
Basically, yes. I don't know the details but you have to give people a reasonable chance of not falling foul of parking 'restrictions' by telling them what those restrictions are! The big supermarkets have signs in their car parks which go into detail about what you can and can't do and for how long, for example.
Can’t touch you
I am desperately trying to post some pics of the ticket/note and sign but for some reason my usual way of doing this wont allow me, I'll keep working on it.
I have a similar problem at my business. If we come along and a random ignoramus has parked in one of our clearly marked private land spaces (with HUGE signs), we just park them in till the end of the day.
As has been said it's not enforceable but a right royal PITA
If it'll make you feel better donate the money to Eddie's charity fund!!!!
Yeah but, I was only 10 minutes, no but, you can't do that it's not fair, I only nipped to the chemist, it's my right to park where I want........ etc etc etc.
Started out with nothing. Still have most of it left.
Whilst you can sympathise with the owner of some land that an inconsiderate parks on, the sympathy goes down the pan when an "invoice" masquerading as a penalty notice is slapped on the screen.
Much better to place a typed note on the screen politely asking them not to do it again and state the reasons why. Take a dated pic of the note on the screen and if they do it again, threaten civil action.
Just nipped to McDonalds for a free Happy Meal.
In a nutshell....... You dont need to pay it but for the sake of peace, be a bit more careful where you park.
When we had our offices, we were allocated 8 spaces. At most we would use 6 spaces. Sometimes we would have guests/clients pop in randomly so the other 2 spaces would come in handy. Our neighbours (accountants) realised our spaces were not always occupied and thought it was a good idea to get there clients to park on our space without our consent. We would enquire with them if the parked car belongs to one of their clients but they would always deny it. On one occasion it really annoyed us so we enquired with them and they denied it was anything to do with them, so with one of our cars we blocked it in. Their secretary comes into our office at 4pm and asks us if we would move our car as it is blocking one of their clients in......... Point blank "NO". About an hour passes and the senior partner barges into our office (thinking his bigger than he is) DEMANDING we move the car and allow their client to leave, we made it clear it wasn't going to happen and close the door on his way out, he we went with the tail between his legs. At 6.30pm their client comes into our office and profoundly Appologies and says nor will he or any person related to that firm will ever use our space, we told him to get the senior partner into our office and hear his apology as well. Sometimes you have to be cruel to be kind. If they had asked us in the beginning if occasionally they can use our spare spaces, we would not have had an issue. You can bet it never happened again.
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Yeah right, because everyone takes notice of a polite typed note. Just like they took notice of the signs in the first place!
Yeah but, no but.......
Started out with nothing. Still have most of it left.
Bloody norah, you're tedious.
No the whole thread is
Like 46 posts whingeing about parking where you shouldn't perhaps?
Started out with nothing. Still have most of it left.
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