Private road with no signs

neilsinc

Hi

I occassionally park on a road near my work that is an access road to some flats. There are designated parking areas leading off the road to 'Resident Parking', however there are no signs to indicate that the road is either similar or private.

A couple of weeks ago, a photocopied solicitor's letter was left on the cars parked on this road indicating that the road was owned by the residents and as such, was private (still no signs went up).

Now, I have had an email from management in my work with regards to further complaints from residents about parking on the road. They say the complaints will escalate if I continue to park there (civil court action I believe).

Does anyone know where I stand on this matter? Is it a case of, as there are no signs to indicate this road as private then I am within my rights to continue to park there?

Thanks

Sirdan

neilsinc wrote: »

Hi

I occassionally park on a road near my work that is an access road to some flats. There are designated parking areas leading off the road to 'Resident Parking', however there are no signs to indicate that the road is either similar or private.

A couple of weeks ago, a photocopied solicitor's letter was left on the cars parked on this road indicating that the road was owned by the residents and as such, was private (still no signs went up).

Now, I have had an email from management in my work with regards to further complaints from residents about parking on the road. They say the complaints will escalate if I continue to park there (civil court action I believe).

Does anyone know where I stand on this matter? Is it a case of, as there are no signs to indicate this road as private then I am within my rights to continue to park there?

Thanks

Firstly let us assume that the solicitors are correct ( they may not be .I'm sure the local council would know the status of the road though).

On that basis if the road is indeed private then you do not have any "right" to park there, this is especially so if the landowner has asked you not to !

That said without any signs you are not breaching any contract for parking ,what you ARE doing is tresspassing.

The landowner could sue you in court for any damages or losses incurred by the tresspass.

Worst case scenario is that if the vehicle is adjudged to be causing an obstruction, dangerously parked or blocking emergency access then the vehicle can be towed away.

There is also the distinct possibility of an outraged resident taking some unlawful action against your vehicle if you persist..if it's a private road and all the residents are unhappy about the parking it is likely that any action against your vehicle would go "unseen" ..is that a risk worth taking when you are actually in the wrong ?

PS I think I am right in saying that they would have to claim against the driver not the keeper for tresspass which makes it somewhat tricky for them.

HO87

Although ownership of the road may not have been legally established - an assertion of ownership doesn't confer any rights but is the initial step required if action is to be taken in the future - it would be unwise to continue to park there and risk further action given that in the face of the information posted on your car and the letter to your employers you will (all other things being equal) almost certainly be deemed to have trespassed.

I'd find somewhere else to park.

taffy056

Go to the council to see if this road is in fact private, if it is don't park there as you are causing a nuisance obviously, doesn't your works have space to park? Can't you car share with a workmate ? There are lots of options but as we don't know the lay of the land it's pretty hard to advise.