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Private parking company relevant land

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  • Private parking company relevant land

    Hi everyone keep up the good work,so here goes my issue with a parking company which is a BPA member.
    I am a contractor who was picking some equipment up from a business & received a pcn,there is nowhere to park to load or unload etc so i received a pcn.
    I have received 2 letters asking for payment so far & i haven’t replied or appealed.
    My issue with them is that the land where they are enforcing/managing parking on behalf of the company which claims it owns the land doesn’t appear to own the land,the land is not owned by anyone according to land registry & is not owned by the council,there is a highway right next to the land which is registered with the council..My question is if the company who says it owns the land has not applied for or received adverse possession does this mean that the land is not relevant land for the purposes of parking enforcement/managment under protections of freedoms act 2012 & or is not enforceable under the current version of the BPA code.Thanks i know this is a tricky question.
    Tags: None

  • #2


    For the purposes of The Protection of Freedoms Act 2012 relevant land is any land other than:
    (a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
    (b)a parking place which is provided or controlled by a traffic authority;
    (c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control

    If the parking companies contract is not with the legal occupier of the land, they may have problems.
    Note that not all land is registered with Land Registry, so the occupier might well be the owner.

    If you would like more assistance please upload the notices you have received to a hosting site and post a link here.
    First remove identifying details but leave in all dates and times

    Comment


    • #3
      All land has an owner, even if the title is not registered.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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