Trespass Parking on a Private Road/Close, Trespass Parking on a Private Road/Close |
Trespass Parking on a Private Road/Close, Trespass Parking on a Private Road/Close |
Tue, 6 Dec 2011 - 14:11
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#1
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New Member Group: Members Posts: 5 Joined: 24 Nov 2009 Member No.: 33,954 |
I occasionally park on a road near my train station which is a private Close (the council have confirmed that they are not responsible for the Closes upkeep, so it must be a private road- there are about 20 houses in the Close). The road is in a small village and I doubt more than 10 cars go up and down the Close every day.
There are no 'No parking' signs shown. The road is wide unough for 2 cars to easily pass. I park close to the curb and im not obstructing anyone. I had a note stuck to my widscreen asking me to stop parking here as it constitutes trespass and will be reported to the police and the cost of removal will be recovered from me. There is a suggestion I am obstructing access but this is not the case. Am I commiting an offence by parking there? Can they remove my car or clamp me? |
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Tue, 6 Dec 2011 - 14:11
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Tue, 6 Dec 2011 - 14:38
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#2
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
You're not committing an offence but if you're parking on private property and have been told not to, you will be trespassing if you do it again.
I'm not sure whether the police will get involved because it's the land-owner's responsibility to remove your car. They might though give you an FPN for obstruction. Who would have to pay if they have your car removed privately is another question. You have been warned though that you're a trespasser so rather than weigh up what they can do about it, you would do better to park somewhere else. |
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Tue, 6 Dec 2011 - 15:56
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#3
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Member Group: Members Posts: 2,553 Joined: 24 Jun 2005 From: London Member No.: 3,246 |
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Tue, 6 Dec 2011 - 22:08
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#4
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Member Group: Members Posts: 5,151 Joined: 27 Nov 2007 From: Manchester Member No.: 15,638 |
It's possible, in extreme cases, that they may attempt to gain an injunction, which could be costly for you.
A polite note asking someone not to park is an admirable way of managing your land instead of getting in clampers or ticketers. Heed their wishes! This post has been edited by Alexis: Tue, 6 Dec 2011 - 22:09 |
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Wed, 7 Dec 2011 - 07:55
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#5
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Member Group: Members Posts: 2,553 Joined: 24 Jun 2005 From: London Member No.: 3,246 |
More likely (if you persist) will be the odd flat tyre, broken aerial, wing mirror etc etc............
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Wed, 7 Dec 2011 - 08:46
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#6
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Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
I would expect a flat tyre as the first move if you return
This has been held to be criminal damage although I doubt that you would find much police interest if you reported it Even if you don't drive on it, there's a risk of permanent deformation. Apart from the inconvenience and embarrassment of pumping it up, it's not worth the risk |
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Wed, 7 Dec 2011 - 10:07
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#7
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Member Group: Members Posts: 115 Joined: 25 Aug 2011 From: South West Member No.: 49,211 |
As others have said, it is good you got a friendly warning with just a note. It would be foolish to park there again in all honesty.
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Wed, 7 Dec 2011 - 11:56
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#8
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New Member Group: Members Posts: 5 Joined: 24 Nov 2009 Member No.: 33,954 |
Thanks. Unfortunatley the nearest legal parking is 2 miles outside the vllage so I have no choice but to occasionally (3 times a month) to park on the Close.
Are you suggestting they can remove my car, or clamp me, even though there are no signs saying so? Surely a reminder on my windscreen does not give them the right to clamp/remove me? |
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Wed, 7 Dec 2011 - 12:02
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#9
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Member Group: Members Posts: 3,295 Joined: 27 Aug 2010 Member No.: 40,109 |
Clamping is legal provided, among other things, the clamper is aware of the risk of being clamped when he parks there. Generally the clampee is made aware of the fact that clamping is in operation by the presence of signs, but there is no reason why a note under the windscreen of someone who repeatedly parks there would not serve the same purpose. Whether they actually would clamp or tow is another matter; unless someone is SIA licensed they cannot legally charge a fee for release, though they can still clamp if the clamping is otherwise legal.
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