Parking Ticket Issued By Police in a private car park

superbiggles

The local police slapped a fixed penalty notice on my car for "Unnecessary obstruction". My car was parked across the entrance of my works car park because someone else had parked in my space. This is my designated space which I pay annually to park in, the car in my space was therefore not authorised to be there.

There were no other spaces in the car park at that time so I parked where I could. Are the police allowed to issue fixed penalty notices on private property?

Thanks.

ScottishSapper

superbiggles wrote: »

The local police slapped a fixed penalty notice on my car for "Unnecessary obstruction". My car was parked across the entrance of my works car park because someone else had parked in my space. This is my designated space which I pay annually to park in, the car in my space was therefore not authorised to be there.

There were no other spaces in the car park at that time so I parked where I could. Are the police allowed to issue fixed penalty notices on private property?

Thanks.

Was your car on the inside or outside of the car park entrance?

KeithP

superbiggles wrote: »

My car was parked across the entrance of my works car park...

Looks like you were obstructing access to the Public Highway for everyone who was already in the carpark.

Something the local constabulary would/should be interested in, don't you think?

Have you done something similar before?

neilmcl

Even if you were on private property I think they can still issue a FPN for obstruction because you are obstructing other vehicles from entering the public highway. Lost your parking space or not don't you think it was a bit selfish to block everyone from entering/leaving the site. :rolleyes:

Cool_Username

superbiggles wrote: »

The local police slapped a fixed penalty notice on my car for "Unnecessary obstruction". My car was parked across the entrance of my works car park because someone else had parked in my space. This is my designated space which I pay annually to park in, the car in my space was therefore not authorised to be there.

There were no other spaces in the car park at that time so I parked where I could. Are the police allowed to issue fixed penalty notices on private property?

Thanks.

Just so I'm understanding this correctly - you were unable to park in your designated space so you decided to park "across the entrance" to the carpark and thereby stop anyone from getting in or out?

Fair enough you pay to use the space in question - I'm not arguing that whoever parked their car in a space that is presumably clearly marked for your use was correct, but in all honestly effectively blockading the carpark doesn't seem like a reasonable response in my opinion.

Unfortunately for you the police appeared to think it warranted a parking fine - which I think blocking entry/exit to a carpark does - and here we are.

hollie.weimeraner

Disregarding the moral/selfish behaviour, if you were inside the car park and it is definitely private then the ticket has been issued unlawfully and you should have recourse to have it dismissed. If any part of your vehicle was on public road/footpath or verge then it's lawful.

sebdangerfield

hollie.weimeraner wrote: »

Disregarding the moral/selfish behaviour, if you were inside the car park and it is definitely private then the ticket has been issued unlawfully and you should have recourse to have it dismissed. If any part of your vehicle was on public road/footpath or verge then it's lawful.

Hi Hollie, have you experience of this? Whats the basis of your advice?

Also, Crabman, I'm not sure the OP will get the best advise from the parking fines board as this is not a parking fine.

Crabman

sebdangerfield wrote: »

Also, Crabman, I'm not sure the OP will get the best advise from the parking fines board as this is not a parking fine.

Hi

It's a "Parking Ticket" and as such is suitable for this sub-board. There are members who view this board who are well versed in these issues.

If they can't help they'll be able to recommend other sites where the OP may be able to seek further assistance.

In any case there is a thread redirect which remains visible from the Motoring Board

sebdangerfield

Okay, understood. I was just saying it as a ticket or summons for obstructing the highway has nothing to do with parking matters. They're even issued by different services under different laws now.

OP, my advice;

Of the top of my head (I'll check the books tomorrow!) the offence is one of strict liability. In that, there is no need to prove intent and is therfore very easy to prove, although you would have a defence if the obstruction were necessary, this would be judged by a magistrate. If you were blocking the highway, (or road or street depending on which part of the act) then you commit the offence. I'm not aware that this can't be commited off the highway as Hollie states but I will stand corrected if she has access to the relevent legal topic and posts again.

superbiggles

Hi,

Thanks for all the replies, even those who are slagging me off. I take the point about blocking the entrance. I should have said there is another entrance to the car park that was blocked by a car owned by centre manager. And to clarify I was parked fully inside the car park.

However, are the police allowed to issue tickets for someone parking of private property. If it was the case that I was "blocking access to a public highway"surely this is only valid when on public property. As I say the centre manager parks across the other entrance daily, mainly to keep out unauthorised vehicles.

So all things considered, is what they have done LEGAL?

thanks,
Simon

Coblcris

Isn't the FPN in fact issued for "Unnecessary obstruction of Highway" ?

Was it a PCSO that issued the FPN ?