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Parking ( Its A Joke!! )

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lyndylou | 15:45 Sun 11th Aug 2013 | Law
18 Answers
OK so I own a private car park for use by my guests only - Now we are no longer allowed to clamp illegally parked cars I phoned the police if I have any who say they have no jurisdiction over any cars parked on private land - So I put notes on the cars asking them to pay, but they just drive away - I have had local tear-aways rip my posts out of the ground so I cannot fence the private bit off, the police could do nothing and have never found them - I have ( as I write this ) a car illegally parked with no tax no door handle on the drivers door and two bald tyres ( I also have some nice guests away looking fro parking because I can't fit them in !! ) So I thought the police may be interested in this one - unfortunately it has to be reported to the DVLA (which I have just done by e-mail) But its SUNDAY - SO what is a law abiding citizen who is trying her best to run a business in this poor economic climate to do about rude and ignorant people like this - at least we used to have clamping - What support do we have now !!! Please help I want to run my business not become a bouncer over my own land !!!
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I have phoned the police before to report an unlicensed car - and they have come out and removed it!
Display one or more clear signs. (Without them the courts won't back you). They should be worded roughly as follows:
"PRIVATE CAR PARK - By using this car park you are ENTERING INTO A CONTRACT to pay the charges stated below:
Guests: Free
All other users: £80 per day (or part thereof)
Payment may be made to the proprietor at Lyndy Lou Guest House. Should payment not be received details of the registered keeper of the vehicle will be obtained from DVLA and that person billed for the sum due, plus administration costs of £20. If court action is needed to obtain payment from the driver or from the registered keeper (as permitted by Part 3 of the Protection of Freedoms Act 2012) the payment of costs will be sought from the court."

Then stick to your guns, get the relevant information from the DVLA
https://www.gov.uk/request-information-from-dvla
and pursue people through the courts if necessary. You can do it online:
https://www.moneyclaim.gov.uk/web/mcol/welcome
What would happen though, Buenchico, if drivers just denied it- would lindylou need photographic evidence and evidence of entry/exit times?
In practice lyndylou may not have the time to record reg numbers and take photos.
Or invest in proper parking posts that are cemented in and can't be pinched by yobs.
Even if you follow Buenchico's advice and pursue people through the courts there is no guarantee you will get the money if you win.

As for the car currently on the car park, can you push it on to the public highway?
let their tyres down i say
I'm sure I've heard of people having bolts jammed in at the rear of their tyres just where it meets the road. When the car reverses the weight of the vehicle causes the bolt to puncture the tyre(s) and often results in damage to the reinforcement band below the tread making it impossible to repair.
Vandalism to coachwork is not unheard of either.
What's the world coming to?
Try to get large labels which are extremely difficult to remove. I believe you can commission these. Get them to say "If you park here again you will find this notice on your windscreen again", and put it right in the middle of the driver's view. If you get the right ones, they can take half an hour to scrape off.
You have been given the answer. get the parking posts concreted into the ground .
Buenchico's answer is fine but only the DRIVER not the registered keeper is liable for the fee. They only have to say they can't remember who was driving and you get nowhere.
Does the car park have a separate entrance or is it just part of the highway?
If it has it's own entrance then get a fence and a gate with a lock and only let guests in and out. This is what a Hotel in my town had to do , the car park was always full of people who were just shopping, there was no room for guests to park.
Torch it.
^^
This gives me an idea, there was a similar car near me, no one was interested, then I phoned the police and said I had overheard a load of 'yobs' planning to set it on fire. It was gone the next day.
Are concrete bollards any cheaper than erecting fencing?

One wide gap for the entrance, with a lockable chain, which you only take down when your guests visit.

Advantage being that guests can nip out to get things from the car without going through the ritual of unlocking the gate each time and, when nobody is visiting, pedestrians and cyclists can still cut across it.

>>>Buenchico's answer is fine but only the DRIVER not the registered keeper is liable for the fee

Sorry Eddie, you're out of date.

Schedule 4 of the Protection of Freedoms Act 2012 states that (if the registered keeper can't provide details of the driver of the vehicle) the registered keeper is liable for the parking charges. See paragraphs 4 & 5 here:
http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

That provision was specifically put into the act to ensure that, once the right to clamp vehicles was removed, car park owners (and other land owners) could still have a way to enforce parking charges.
Have you considered a gate ?
Either issue pass cards to operate it or provide a personal service and let folk in yourself.
As to the post removal issue, vandalism is really a separate issue. Seriously concrete posts cemented into the ground can be ripped out ? Must be possible to achieve more than that surely ?
Buenchico is correct but that's just a load of agro forever. Better to erect physical impediments like posts and chains as suggested above.
you could get someone else to do it:
http://www.issueparkingcharges.co.uk
Question Author
Hi I love all your answers - I am extremely busy right now ( which is GOOD ) I will answer back as soon as I can love you all
Question Author
Hi everyone sorry its been so long I am naugty not to have replied so ......
I have found out that there are indeed companies who will give you signs to erect saying that parking is by contract and you can set the charge they also give you the tickets to put on the windscreen you then take a photo as proof making sure there is proof of where it is and send it to the company they then go collect from the car owner. They take offenders to court that's how they make their money you get commission from each successful case. I'm going to do it not for the money but for the joy of knowing they squirmed. I also checked with the police and it turns out this process is legal. So you guys did give me the right answers!

Just a foot note for those that are wondering our car park is down a public lane and cars are parked in single file against the wall of the building so the land is a long thin strip which would cost a fortune to have gated the chain posts were ideal and will be replaced as soon as but for now in this climate other things have taken priority.
Thank you for all the replies
Lyndylou

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