Legal options for unauthorised parking
So, what are your legal options for unauthorised parking? It may come as a surprise to know that if you’re having problems with unauthorised parking and you get in touch with the police, or your local authority, it often proves fruitless.
This is because parking on private land is not considered an offence, it’s a civil matter. The police do not have the resources or the power to deal with car parking issues, while local authorities only have the ability to stop unauthorised parking if it occurs on a car park that’s covered by relevant by-laws, or is a health and safety risk.
Additionally, as of 2012, threatening to clamp the wheels of improperly parked vehicles is no longer an option.
The Act of Parliament, The Protection of Freedoms Act states “makes a number of changes to the law related to parking on private land. It bans vehicle immobilisation and/or removal without lawful authority, and provides private landholders with additional powers to pursue the registered keeper of a vehicle for unpaid parking charges providing certain conditions are met.”
The police do not have the resources or the power to deal with car parking issues, while local authorities only have the ability to stop unauthorised parking if it occurs on a car park that’s covered by relevant by-laws, or is a health and safety risk.
As a result of this legislation, those businesses who actually adhere to it may find that they have greater difficulties with preventing misuse. Clamping on private land is illegal in England, Wales and Scotland (where it hasn’t been legal since ’92): so, you can’t rely on the authorities because of this.
However, Ipserv can support you in ensuring your land is free for the users you intend it for.
Enforcing parking rules – The laws of contract and trespass
Though the enforcement of parking on private land isn’t regulated by law, there are still routes that we can pursue.
The laws of contract and trespass still apply, which means we can still put up adequate signage that indicates, clearly and visibly, that there is no parking without authorisation. Anyone caught parking without the appropriate authorisation can then face sanctions for their violation.
If you’re having issues with nuisance parking problems on your land or car park, call us today to discuss how we can support you in making your facilities safe for authorised users.
Parking & Enforcement Manager.