parking on private property and the law

[Sae]

Well peed off.

We have a private residential off street parking area with three allocated spaces, with enough physical space for another however that blocks the exit.

An owner in the same property without a parking space has leased out their flat and said to new Tenant they can park in our area.

phase 1. Have had a quiet word with tenant not to park there, they have no legal allocated space. Have also directed them to apply for a permit to allow them to park in street area £50for year.

However his behavior persists.

So into phase 2 - what next?

From what I have read, there is no actual way to enforce this person not parking in our private area, we can give him notice to move his car but can't forceably evict until after 14days, it is illegal to clamp or obstruct his car if he parks in someone else's allocated spot.

Nightmare as he has no legal right but we can't do eff all.
So what to do? Before phase 2 descends into UFC over a parking space what can you actually do?
So frustrating as the ale seems to allow someone to park in your drive for 2weeks and you can't do anything about it!

 

[pvr]

In practical terms, if he paid £50 for the year, he would still park there and you still have the same problem?

 

[Sae]

Well legal terms is he pays £50 to park on the street which is normally pay and display/residential permit area.
...and not park on someone else's property.

the problem is how does anyone prevent anyone from parking in their property boundary, where it is illegal to clamp/tow/remove it.
You have to resort to other 'tactics'!

 

[Ducklakeview]

Don't get me started on this one..

We are lucky, on a newish estate to have parking for around six or seven cars on our driveway. But as we live at the end of a cul de sac, people just assume that it is a parking space for whatever they are doing, delivery drivers especially. Over the last 8 years, I must have deliberately blocked in dozens of vehicles, as when asked politely to move, they all say "I'm only going to be a minute, just delivering this, or that" and proceed to walk away... I have had them call the police on many occasions, who simply tell them that they cannot force me to move MY car on MY land.. Had a Curry's 7.5ton van blocked in for 24hrs, with the area manger turning up AND ALSO parking on my drive FFS... On your question of blocking someone in, then NO, it is not illegal if you are also parked on YOUR property, this has been confirmed to me by the police and their actions over the years, as they simply tell the other driver that "they can ask me to move, but they cannot tell or force me to as it's my land/property"

I now have a free "private parking enforcement" kit & sign from https://www.flashpark.co.uk/ which mean that taking a photo of the offending vehicle results in them getting one of those "parking penalty notices" which I incidentally always ignore, but surprisingly about 95% of the one's I've issued have been paid, I know this because I get £15 for each one paid, which is a bonus..

Not sure if it's applicable in your position without knowing the layout, but it's certainly helped us..

A typical muppet, blocked in by my car and van, for the whole afternoon..



Mike

 

[pvr]

Ah, ok. I read that wrong - thought that if he paid £50 he could park there.

Parking on private land is indeed an absolute nightmare to resolve legally. I don't think you can even put cones there to prevent it.

 

[simonlpearce]

I had something similar not too long back. A guy decided to park in my tenants space since my tenant doesn't drive. Yet he regularly had visitors that did so it was an issue. However for me it was slightly different as the car wasn't taxed or MOT'd so was clearly being left there continuously. I stuck a note on the car saying that if it wasn't moved within 14 days i would have it towed. Not sure really what to say in your situation though as typically police and council don't want to know.

Could be worth speaking to CAB see what they say.

 

[85genius]

Could you use something like this

http://www.theworkplacedepot.co.uk/hinged-padlock-parking-post

 

[Mister T]

Do you pay service or maintenance charges? If so you should speak to the maintenance company and have them deal with it.

Also find out who the letting agent is and make a complaint.

 

[stuartC]

Parking on private land is indeed an absolute nightmare to resolve legally. I don't think you can even put cones there to prevent it.

If the land is indeed private then you can do anything you like. My mums place has a shared car park amongst residents, which is also for use by (genuine) visitors.

It is also very conveniently located to the shops & so was completely full on Saturdays.

They've installed a chain with padlock across the entrance and issued everyone with two keys - one for themselves and one for their visitors.

Perhaps you guys can do the same?

 

[Sae]

Thanks for the comments, will look into the flashpark further, also erectable bollard could be useful.

I'm sure the tenant is renting directly from the owner and no factors, so no joy there.

Looks like the physical devices to prevent the parking in the first place is probably most practical however it is an additional hassle for keys and also getting in/out of cars to takedown/put-up. Will need to search for a remote fob operated version.

Such a hassle though, why can't people be respectful and live within the law - ffs!

 

[Sae]

Parking on private land is indeed an absolute nightmare to resolve legally. I don't think you can even put cones there to prevent it.

If the land is indeed private then you can do anything you like. My mums place has a shared car park amongst residents, which is also for use by (genuine) visitors.

It is also very conveniently located to the shops & so was completely full on Saturdays.

They've installed a chain with padlock across the entrance and issued everyone with two keys - one for themselves and one for their visitors.

Perhaps you guys can do the same?

That's a good idea too, however we need to be able to move wheelie bins from the parking area into the Main Street, so the lockable bollard is probably more practical in that respect as it will allow enough space for that without need to remove chain.

 

[Jasey]

Chin the cnut !

 

[mr.tourette]

Thanks for the comments, will look into the flashpark further, also erectable bollard could be useful.

I'm sure the tenant is renting directly from the owner and no factors, so no joy there.

Looks like the physical devices to prevent the parking in the first place is probably most practical however it is an additional hassle for keys and also getting in/out of cars to takedown/put-up. Will need to search for a remote fob operated version.

Such a hassle though, why can't people be respectful and live within the law - ffs!

To be fair to the guy he has been told a space is included in the rent he is paying going from what you say, so from his point of view he has the right to park there (even though in fact he hasn't).. it seems the actual fault is the guy who has leased the place out for giving incorrect information to the tenant, can you not approach that person?

 

[simonlpearce]

Chin the cnut !

Or start smearing dog s**t under his door handles :evil:

 

[Scooba_Steve]

The issue he has in being told he can park there is a matter to take up with his landlord and recover any cost.
While clamping is no longer permitted if it is your land then I believe you are still allowed to tow. I would check this though as I'm not up to speed. I would certainly suggest signposting that the land is private and writing to the neighbour.
If you are able to block then in while still being on your land then that's an option. I gather you only have the space though.

 

[Sae]

Thanks for the comments, will look into the flashpark further, also erectable bollard could be useful.

I'm sure the tenant is renting directly from the owner and no factors, so no joy there.

Looks like the physical devices to prevent the parking in the first place is probably most practical however it is an additional hassle for keys and also getting in/out of cars to takedown/put-up. Will need to search for a remote fob operated version.

Such a hassle though, why can't people be respectful and live within the law - ffs!

To be fair to the guy he has been told a space is included in the rent he is paying going from what you say, so from his point of view he has the right to park there (even though in fact he hasn't).. it seems the actual fault is the guy who has leased the place out for giving incorrect information to the tenant, can you not approach that person?

Yes, this is a fair comment, but he has been told in no uncertain terms he and his landlord have no rights to the land. His beef should be with the landlord who I think should at least cover the cost of the permit.
Just because your mate/boss:landlord says you can do something criminal doesn't mean to say it is legal or perpetrator is blameless!

...'chinning' is phase 3, but hoping not to go there

 

[mr.tourette]

Thanks for the comments, will look into the flashpark further, also erectable bollard could be useful.

I'm sure the tenant is renting directly from the owner and no factors, so no joy there.

Looks like the physical devices to prevent the parking in the first place is probably most practical however it is an additional hassle for keys and also getting in/out of cars to takedown/put-up. Will need to search for a remote fob operated version.

Such a hassle though, why can't people be respectful and live within the law - ffs!

To be fair to the guy he has been told a space is included in the rent he is paying going from what you say, so from his point of view he has the right to park there (even though in fact he hasn't).. it seems the actual fault is the guy who has leased the place out for giving incorrect information to the tenant, can you not approach that person?

Yes, this is a fair comment, but he has been told in no uncertain terms he and his landlord have no rights to the land. His beef should be with the landlord who I think should at least cover the cost of the permit.
Just because your mate/boss:landlord says you can do something criminal doesn't mean to say it is legal or perpetrator is blameless!

...'chinning' is phase 3, but hoping not to go there

totally agree...was just kinda pointing out it would maybe worth going after the landlord

 

[Taz]

I live on an un-adopted road and its common for people to park at the top which prevents residents getting in and out - there is a doctors sugery on the corner. People just park up and nip in to pick up there prescriptions. When confronted the usual response is 'oh i'monly going to be a minute'

does my chuffin head in

i often just park right behind them and block them in

 

[ronk]

re the OP - Can you fit a bollard in the bay?

 

[Hugman]

Just tell him you know Ronnie Pickering!
Ronnie Pickering!