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Private car park

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  • Private car park

    There is a car park near my work. In various places there are signs stating that area is for different businesses. There is some areas with no signs and a few people park there.
    A man approached me a few weeks ago saying I couldn't park there as I hadn't got permission. He was in casual clothes and didn't have any visible ID. I was just leaving so told him that and drove away.
    Today I found a notice on my car ......
    NOTICE OF TRESPASS AND VEHICLE EXCLUSION
    The address of the car park and a mobile number
    My registration number
    Description of where I was parked, date and time.
    'Your vehicle was illegally parked as per the above and you are therefore committing the offence of trespass in accordance with the 5 notices of said car park site.
    If your vehicle is not moved from the St. ****** car park within the next one hour and/if the vehicle is parked again in the St. ******; the vehicle will be towed away and you will be liable to a charge of a minimum of £100.
    Photographs have been taken of your vehicle.'

    Hand written (barely legible) 'you must be aware that you are badly affecting the whole of this car park WHY?
    ALL WEEK'
    And written at the bottom 'please STOP' and initials

    As I got in my car he approached me saying "oh, it's you. I've told you about this before" I replied that as he had no uniform or any visible I'D nor introduced himself I had no idea who he is. He then sent the young child who was with him to get his brief case. From that he produced letters with a name and address on (presumably they were his) I said that I didn't understand what that meant. He said they were proof he works for the owners of the car park. I pointed out that the business on the letters wasn't the same as the ones on any of the notices in the car park. He told me that his business owns the whole car park.
    The business on the letters is not St. ***** which was written on the notice on my car.
    He said "your attitude is typical of someone from this county" I asked him to repeat that, which he did. I said that I found the comment quite racist. He told me to take it anyway I like.
    He said he had photos of my car, so I asked for a photo of him. He posed in front of my car then tried to take a photo of me when I drove away.

    Anyway ..... can my car be towed away? Other people (male) from my work place use the car park and he has never put a sign on their car nor spoken to them
    P1ss on me if you like, but don't try and tell me it's rain!
    life is all the more precious when we remember it is a terminal state.

    If you need any help with addiction please feel free to PM or email me. I will help all I can
    Please don't drink and drive

    25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!
    Tags: None

  • #2
    Re: Private car park

    He cannot legally tow your car away. It has been illegal since October 2012.

    https://www.gov.uk/government/news/g...-for-motorists

    M1

    Comment


    • #3
      Re: Private car park

      Thank you, that's what I thought.
      Is there anything he can do? Fine, clamp etc? I believe that fines can be ignored in a private car park and clamping is illegal but not sure how true that is
      P1ss on me if you like, but don't try and tell me it's rain!
      life is all the more precious when we remember it is a terminal state.

      If you need any help with addiction please feel free to PM or email me. I will help all I can
      Please don't drink and drive

      25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

      Comment


      • #4
        Re: Private car park

        He cannot legally clamp but can issue a parking charge notice if the signs are clear and make a contract.

        Ignoring a parking charge is only a good idea if they cannot access keeper details. They need to be in England/Wales for keeper liability and they need to be in a trade asociation to get keeper details in relation to parking.

        M1

        Comment


        • #5
          Re: Private car park

          What wording do the signs have to have to make a contract?
          I thought parking fines could be ignored unless they are council run - paid for while you're there?
          P1ss on me if you like, but don't try and tell me it's rain!
          life is all the more precious when we remember it is a terminal state.

          If you need any help with addiction please feel free to PM or email me. I will help all I can
          Please don't drink and drive

          25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

          Comment


          • #6
            Re: Private car park

            Originally posted by littlesally View Post
            What wording do the signs have to have to make a contract?
            I thought parking fines could be ignored unless they are council run - paid for while you're there?
            The contract has to be a document such as ticket by contract case law. The wording, ie terms for charges/ penalties must reflect the rights of the person relying them, the terms have to be present at the same time as the contract. So they have to be on the back of the ticket etc. If they're not the courts do an another test called incorporation, ie joining separate parts to the contract if it were to apply.

            Comment


            • #7
              Re: Private car park

              Not advised to ignore parking charges since the introduction of POFA in 2012. The same legislation that outlawed clamping and towing away. They can claim the charges from the registered keeper if they don't know the driver.

              Comment


              • #8
                Re: Private car park

                Originally posted by littlesally View Post
                What wording do the signs have to have to make a contract?
                I thought parking fines could be ignored unless they are council run - paid for while you're there?
                Nothing specific but the have to make you an offer. So a free supermarket you can park for 2 hours then it's time to "repossess your house" [/sarcasm] is making you an offer which you can accept.

                A private housing estate for permit holders only doesn't make an offer to non permit holders so is useless as a contract as their is nothing a non permit holder can agree to.

                M1

                Comment


                • #9
                  Re: Private car park

                  Thank you, I will see what their signs state.

                  Just out of interest what about if someone parks in someone else's drive? Is there anything that can be done - apart from blocking them 😉
                  P1ss on me if you like, but don't try and tell me it's rain!
                  life is all the more precious when we remember it is a terminal state.

                  If you need any help with addiction please feel free to PM or email me. I will help all I can
                  Please don't drink and drive

                  25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

                  Comment


                  • #10
                    Re: Private car park

                    Sue for trespass.

                    M1

                    Comment


                    • #11
                      Re: Private car park

                      Here's a pic of one of the signs [MENTION=5354]mystery1[/MENTION] xx

                      Attached Files
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                      Comment


                      • #12
                        Re: Private car park

                        Hi [MENTION=5354]mystery1[/MENTION] just wondered if you had any ideas about the above sign please
                        P1ss on me if you like, but don't try and tell me it's rain!
                        life is all the more precious when we remember it is a terminal state.

                        If you need any help with addiction please feel free to PM or email me. I will help all I can
                        Please don't drink and drive

                        25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

                        Comment


                        • #13
                          Re: Private car park

                          Permit holders only doesn't make an offer to non permit holders so is useless as a contract as their is nothing a non permit holder can agree to.

                          No contract trespass only.




                          http://parking-prankster.blogspot.co...-court-no.html

                          M1

                          Comment

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