Protecting your land from unauthorised parking

 


 

Protecting your land from unauthorised parking

 

Are you a landowner with motorists parking on your private land without authorisation? Whether it’s land attached to your house, place of business or a completely separate site, we understand the issues caused when it comes to motorists parking unlawfully, especially when it becomes an issue to your day.

 

Who is classed as a landholder?

Landholders refer to individuals who own land, in some instances they may rent out their land to other people or companies, or may even make an income themselves from their private land.

 

What is the current legislation for parking on private land?

According to The Protection of Freedoms Act 2012, private landowners cannot lawfully clamp or remove a vehicle without authority to do so but you do have greater control over how you manage parking on your private land.

 

How can you prevent unauthorised parking on private land?

Since the ban of vehicle clamping and removal was implemented in 2012, landowners can stop unauthorised parking on private land by:

  • Ticketing. Landowners can enforce parking regulations on their land by placing a Parking Charge Notice on an unlawfully parked vehicle, handing the ticket to the driver or posting the ticket to the address of the registered vehicle keeper.
  • Signs. Landowners can use signs which demonstrate parking charges will be incurred for motorists parking without authorisation. Having clear Terms & Conditions creates a contract of which the motorist agrees to abide by when parking on your land.

A private landowner can hold the registered vehicle keeper liable for unpaid parking charges (in line with the Protection of Freedom Act 2012) in instances where the registered keeper refuses or is unable to name the driver at the time the parking charge was incurred. This is often referred to as keeper liability. That means, since the new legislation in 2012, the registered keeper can no longer be held liable for unpaid parking charges if they are able to identify the driver of the vehicle at the time a parking ticket was incurred.

 

Landowners can use signs which demonstrate parking charges will be incurred for motorists parking without authorisation. Having clear Terms & Conditions creates a contract of which the motorist agrees to abide by when parking on your land.

 

Issuing Parking Charge Notices for unauthorised parking

Issuing Parking Charge Notices is an effective solution to prevent unauthorised parking from occurring on your private land.

If landowners opt for vehicle Parking Charge Notices, they will be responsible for placing a Parking Charge Notice on said vehicle or handing it to the driver. If after 28 days, you have not received a response from the vehicle driver, you can submit a request to the DVLA for details of the vehicle’s registered keeper and ask for details of the driver or request payment of the parking charge notice.

In instances where unauthorised parking has been identified remotely via cameras, the landholder is within their rights to contact the DVLA for information on the registered keeper.

If the registered vehicle owner was not the driver of the vehicle at the time a parking charge was incurred, they should be invited to give information to landowners regarding the driver’s name and address.

A Parking Charge Notice issued to parked cars without authorisation can only be enforced if a landowner:

  • Is able to demonstrate that a contract to park existed between the driver and the landowner and said contract had been broken.
  • Has displayed signs which clearly show charges for unauthorised parking and they are trespassing.

Parking Charge Notices must include the following information at a minimum:

  • When & how the parking offence took place.
  • How much the parking charge is.
  • Discount for prompt payment of the parking charge.
  • How and who should the payment be made to.
  • The time and date when the parking charge was issued.
  • What the arrangements are for the resolution of disputes or complaints.

 

In instances where unauthorised parking has been identified remotely via cameras, the landholder is within their rights to contact the DVLA for information on the registered keeper.

 

How to draw up a parking contract

A parking contract can be drawn up in a number of ways, for example:

  • Car park signs can be used to display the terms and conditions upon which parking is offered.
  • Car park signs can be used to display when a driver is trespassing, and parking is not allowed.

If signs at a car park are not deemed enough and/or the terms and conditions are not fair, it could be argued that a parking charge notice cannot be enforced.

 

When a stolen vehicle has been parked without permission on private land

If a stolen vehicle has been parked without authorisation on private land, the registered keeper of the vehicle cannot be held liable for any unpaid parking charge that the vehicle has incurred whilst it was stolen.

The registered vehicle owner will need to provide sufficient evidence to demonstrate the vehicle was stolen during the period when the parking charge was incurred.

 

When a hire vehicle has been unlawfully parked on private land

If a hire vehicle has been parked on private land without authorisation, the person or organisation hiring the vehicle is responsible for any parking charges which have been incurred during the hire period. These circumstances are only applicable when an individual or organisation has signed an agreement with the hire company which states they will accept liability. The hire company will not be held liable if they are able to identify the driver to the landholder within 28 days of receiving a parking charge.

Ipserv offers fully flexible options from enforcement only to full management of your land. Contact our Business Development Team today to discuss your requirements.

 

Andrew Lawson

Parking & Enforcement Manager

 

Read more about our Car Park Enforcement services here.

Read more about the Legal Options for Unauthorised Parking

 


 

Previous

Next