Residental area parking

I-LOV-MONEY

There is a private residential area that I know where parking is for residents (and their visitors) by permit.

There are clear warning signs all around explaining that if you park without a permit there will be a £60 charge.

Obviously the residents don't want everybody to park there, particularly as it is very near a major shopping centre.

However, I just wonder if this is enforceable, inasmuch as it is not a fine, and there are the warning signs.

Thank you.

peter_the_piper

Whereabouts is this and photo's of signs would be useful.

muckybutt

I-LOV-MONEY wrote: »

There is a private residential area that I know where parking is for residents (and their visitors) by permit.

There are clear warning signs all around explaining that if you park without a permit there will be a £60 charge.

Obviously the residents don't want everybody to park there, particularly as it is very near a major shopping centre.

However, I just wonder if this is enforceable, inasmuch as it is not a fine, and there are the warning signs.

Thank you.

Not ! does the parking company negociate individual contracts with the unauthorised persons parking there ?

What are the consequential losses of the landowner and the residents not £60 im assuming ?

flyingscotno1

I-LOV-MONEY wrote: »

There is a private residential area that I know where parking is for residents (and their visitors) by permit.

There are clear warning signs all around explaining that if you park without a permit there will be a £60 charge.

Obviously the residents don't want everybody to park there, particularly as it is very near a major shopping centre.

However, I just wonder if this is enforceable, inasmuch as it is not a fine, and there are the warning signs.

Thank you.

Legally probably not. Of course if a non resident parks continually then you often get the odd flat tyre or bump which nobody ever sees......

peter_the_piper

I'm concerned about the word charge, by not calling it a "fine" or "Penalty" it would be a lot stickier if it ever got to a county court.

sarahg1969

peter_the_piper wrote: »

I'm concerned about the word charge, by not calling it a "fine" or "Penalty" it would be a lot stickier if it ever got to a county court.

Particularly if you were to park there regaularly, having read the terms and conditions.

DaveF327

I-LOV-MONEY wrote: »

There is a private residential area

Is the area private? or just the residences? If the surface you park on is part of the public highway, the signs don't mean jack s**t. It may be considered a polite request to park elsewhere, but you have every right to park there within the law, unless the whole land is indeed private.

Anihilator

I wonder would such charges be admissible if entry was controlled by a barrier with a sign on each side with the "terms" and also each entrant had to be given a ticket with the "terms" on it.

In this case it might be arguable the person has accepted the terms and conditions and is liable for a charge.

Of course they could just argue that they werent driving but in that case the companies could just report to the police possible uninsured drivers and those without a 2nd driver on their policies could be in deep !!!!.

peter_the_piper

I can drive most any car even if I'm not insured for that vehicle, albeit only tpft, when I have fully comp of my own, so I'm afraid that would not be a problem.
Even if the charge was reasonable (in the eyes of the law) they still have to prove the RK was the driver, however an awkward judge could insist you admit who was driving.

Anihilator

peter_the_piper wrote: »

I can drive most any car even if I'm not insured for that vehicle, albeit only tpft, when I have fully comp of my own, so I'm afraid that would not be a problem.
Even if the charge was reasonable (in the eyes of the law) they still have to prove the RK was the driver, however an awkward judge could insist you admit who was driving.

Granted but there is a way out of most things. you would have to be pretty brave not to just pay the £40 in these circumstances though and risk an unsympathetic judge who might accept it,

I-LOV-MONEY

peter_the_piper wrote: »

Whereabouts is this and photo's of signs would be useful.

The estate, I understand is a private estate, in Portsmouth*. Unfortunately I haven't got any photos of the signs as I am in London. I expect to be going down within the next couple of weeks.

I presume the road is not owned by the local council.

There are some parking spaces which are marked out bays on the road and others that are bays adjacent to the road.

There is no barrier on entry. From the main road it would seem an ordinary side turning, however there are signs throughout by all parking bays.

* if anyone is in Portsmouth, I will give full details.