Get awf my laaaand!

[altyfc]

Hi all

First post.

I own and work from some business premises in a town up north. The premises are basic and come with limited parking. It's a long drive way with almost enough space for two columns of three cars, with walls either side and at one end, and open to a street at the other end. The street is a bit of a nightmare to park on, and we have a doctor's surgery next door. Suffice to say, we get people parking on our land with a reasonable degree of frequency despite signs saying no parking at any time, that we clamp people, and there's a £50 fine.

It's a pain. I tried clamping (prior to the days when you needed a license) but it used to be a real hassle when the car owner returned and wanted a big argument. It was stressful and disruptive to my usual working day.

Since the introduction of the license requirement, I haven't changed the sign but I haven't clamped people. I don't want a clamping license, I just don't want people to park here. For the time being, I've just tolerated it, but it's probably set to get worse as a 40+ room hotel is nearing completion across the road, with enough parking for about 15 cars.

Any advice on how best to tackle this? Can I just photograph cars, get the person's details from DVLA and send an invoice for £50 in the post, and follow that up with a small claims in the event of non-payment if I put a sign up to that effect? Reading another thread on here, I'm not sure that that would be legit.

Thanks for any advice.

[Sapphire]

Re: Get awf my laaaand!

Hiya and welcome, I'm not sure about those alternatives but we have a couple of people who will be able to advise you and will probably pop along later.
Our local Doctors surgery has a similar problem and they have a gate across the entrance and great big notices saying that parking is for Patients only.

[Mochamoo]

Re: Get awf my laaaand!

have a gate across the entrance and great big notices saying that parking is for Patients only.

Lol I was going to suggest private property sign and a big gate x

[Tools]

Re: Get awf my laaaand!

An easier and cheaper alternative is to fit a fold able/removable locking parking post in front of the space. I have added a picture as an example. A basic one can be purchased for around £50.

[Happyolddog]

Re: Get awf my laaaand!

If the land is yours why not paint double yellow lines down both sides of the drive, with a sign 'strictly no parking', it might act as a deterrent.

[altyfc]

Re: Get awf my laaaand!

Thanks for all the replies. We don't have double yellows but we do have 'strictly no parking' very clearly shown. But when people are running late for their doctor's appointment next door and can't find a parking space, they don't seem to care. Can't imagine it will get any better when the hotel opens, particularly when guests will assume that our office isn't used at night (not always true and, in any case, isn't the point!).

Re: the gate suggestion... the street is a short cul-de-sac and our drive is about the only place where people can easily do a three point turn (particularly if it's a large vehicle). The walls have been hit enough times that I can only assume the same will happen with a gate or barrier (causing more expense when we're not notified, of course).

Have wondered about the bollard suggestion. Also likely to get hit, but likely to survive minor impacts maybe, even with a dent here and there. I've also wondered about a chain across the drive. Both the bollard and the chain are a bit inconvenient as we're going to have to get in and out of our cars, lock and unlock, etc. each time we want to get in and out (or let clients in and out) - and there's not a great deal of space for us to park up and do all that - but it is one possible option.

Sorry, forgot to say in my earlier email that, when I purchased the property, the vendor sold on the condition that he and his wife could park their vehicles on one side of the drive until their dying day, which we continue to honour (he has since passed away, but his wife still uses it to park).

I know clampers often get bad press, but I think people who knowingly park on private land are all too often seen as the not-so-innocent victim. Sometimes the selfish action of these people actually results in us being blocked in. Sorry, I'll stop ranting.

[Tools]

Re: Get awf my laaaand!

You could install the post and lock it in the upright position AFTER a car has parked there , then conveniently the person who has the key is "out of the office" for at least a few hours . Don't think they will park there again do you? It isn't a clamp and therefore does not require a license.

[Sapphire]

Re: Get awf my laaaand!

Personally I think letting their tyres down is favourite, and a great big hard to remove sticker on the windscreen stating (joking of course)



DO NOT PARK HERE ! YOU HAVE BEEN WARNED !

[Guest]

Re: Get awf my laaaand!

Take a look here Parking and clamping etc - Legal Beagles

That thread deals with clamping and private parking to some degree.

The issue with either option however is managing it. What you seem to prefer is that people who are not authorised to park there simply don't. Therefore, some form of physical barrier would appear to be better than a system of signs, issuing invoices and subsequent reminders and then court claims when they are ignored although this is perfectly legitimate should you wish to employ it.

[altyfc]

Re: Get awf my laaaand!

Yes, in an ideal world, I'd sooner people simply didn't park there in the first place. At the same time, I'd obviously prefer it if I didn't have to incur additional cost and inconvenience to ensure that, but perhaps that is wishful thinking.

The alternative scenario is to look to be compensated for the inconvenience it causes. If I was to go down the photographing the car, getting owner details from DVLA and then sending an invoice, is that all acceptable? In the event of non-payment, is there any reason that I might not be successful if I pursued the debt via small claims? (beyond issues such as defendant not having the money, changing address, or whatever). Would there be technicalities that they could draw on to successfully avoid payment? (eg. claim that they weren't the driver of the car, or whatever)

Thanks again.

[Main man]

Re: Get awf my laaaand!

Sorry if this sounds to simplistic but have you actually tried talking to the Surgery? there may be measures that they could take to help ease the parking problem.

If not a polite phone call to the surgery with the cars number plate every time, you never know it may then become enough of a hassle for them to do something about it.

[Paule]

Re: Get awf my laaaand!

Re: the gate suggestion... the street is a short cul-de-sac and our drive is about the only place where people can easily do a three point turn (particularly if it's a large vehicle).

Thats not your problem, thats the drivers problem, they will only try it the once

The walls have been hit enough times that I can only assume the same will happen with a gate or barrier (causing more expense when we're not notified, of course).

Get a cheap security cam, and when it get hits, report the damage to the Police.
Its an offence to cause damage and fail to contact (or attempt contact to) the owner.

Have wondered about the bollard suggestion. Also likely to get hit, but likely to survive minor impacts maybe, even with a dent here and there.

as above

I've also wondered about a chain across the drive. Both the bollard and the chain are a bit inconvenient as we're going to have to get in and out of our cars, lock and unlock, etc. each time we want to get in and out (or let clients in and out) - and there's not a great deal of space for us to park up and do all that - but it is one possible option.

You cant have it both ways, there is no magic way to stop people parking, or yellow lines and parking tickets would never have been invented.

Sorry, forgot to say in my earlier email that, when I purchased the property, the vendor sold on the condition that he and his wife could park their vehicles on one side of the drive until their dying day, which we continue to honour (he has since passed away, but his wife still uses it to park).

Well thats one car space, If you wish to honour this just state that its a certain parking space that you will not use, if others park in it, thats not your problem, but at least you are honouring the commitment, by not parking there

As for stopping people parking, the only way I could suggest, would be as others have put, and put a gate up. Probably the cheapest and most convenient (in terms of access time) way to secure your parking day and night.

It may also be worth having a chat with the new hotels owners or manager and highlight the potential problems you think may occur. most hotels dont want to alienate the local residents, as it means bad press for them (sometimes license problems). So they may inform guests not to park there.
You may be able to come to a deal with them over night parking, maybe for their night staff for a fee.

[Amy]

Re: Get awf my laaaand!

If I was to go down the photographing the car, getting owner details from DVLA and then sending an invoice, is that all acceptable?

Yes and you may get lucky and have some that actually pay up.

In the event of non-payment, is there any reason that I might not be successful if I pursued the debt via small claims? (beyond issues such as defendant not having the money, changing address, or whatever). Would there be technicalities that they could draw on to successfully avoid payment? (eg. claim that they weren't the driver of the car, or whatever)

With the onset of consumer sites like this one more and more people tend to google their options when faced with something like a PCN or FPN and you will see from this thread Parking Fine - Civil Enforcement - Legal Beagles regarding a private parking invoice that the OP has been advised not to pay it and to ignore it completely.

If you choose this route of issuing invoices and you are ignored then you will have to pay to initiate proceedings. Are you prepared to do this? Depending on how much you are going to charge, the fee for filing will be around £30 for each and every claim.

If the person concerned enters a defence you will have to file an AQ, this will be £35.

If the court claim is ignored you will have the option of going for a judgment in default and this will be around £100 and even then you are not guaranteed payment.

Quite apart from the financial obstacles, are you prepared to spend the time on this?