Car left on private road

patman99

Still hasn't solved the OPs problem though has it ?.
A sign stating ho highway rights exist should be erected asap.

As for the PPC idea. I live on a private estate which is managed by a large ManCo. On this site, we have a car that is parked (and has been for 6 years or more). This car has no Tax, insurance or MOT. Due to the success of various SCC actions against the ManCo and Directors of other sites on their books by people whose cars have been ticketed/clamped/towed by PPCs, the ManCo will no longer deal with abandoned vehicles nor allow the sites to engage the services of PPCs.
In our case, the car's owner is a resident. He knows we want the car gone, so leaves it there just to annoy us.

TrickyWicky

ppc_guy wrote: »

We can remove any vehicle from private land with the land owners consent even if the signs weren't erected first.

No, no you can't. Your PPC employer might tell you otherwise but it isn't legal. Only the police can remove an offending vehicle if it's causing an obstruction to the highway or they have other reasons (part of a crime, evidence etc). On private land, you MUST by law have signs erected when the driver parks warning of vehicle immobilisation. Removing a car is also classed as immobilising and you must be SIA licenced to do so. Your company have you brain washed. I've worked for two PPCs and two councils and all four of them refused to deal with removal of vehicles. I've no doubt you're also going to claim you can clamp vehicles too and the same applies.

ppc_guy wrote: »

As for "Wannabe plod" the term patrol car is one that describes any vehicle which is used in the duty of patrolling. Patrolling is something which can be done by many industries including police, parking wardens and security teams.

As mentioned above, I've worked in parking for many organisations and we had 'vans', 'the van', 'a van' etc. We never once referred to any of our vehicles as 'patrol' vehicles. Your company really is trumped up. If its not you then your company director is a wannabe plod who never made the grade and now thinks he runs his own little police force in their power hungry life. Unfortunately this is all too common in the PPC world as I have experienced first hand.

If you honestly feel proud of working for a PPC then you really do need to take a look at yourself. I've done it yes but I never actively came on forums like MSE whilst doing it and trying to convince people I was the saviour of everyones problems. I've done my time in the world of parking and I would never willingly do it again. It's an awful industry full of power hungry pr!ck$ who just want to wage war against the motorist.

TrickyWicky

vax2002 wrote: »

Its TRUE !
He sticks his head out of the sunroof with a blue bobble hat on and shouts, Ne, Naw, Ne, Naw, Ne, NAW.

LOL!!!!!! Seriously I chuckled a lot when I read that! :beer:

Do you think he does the woo, woo, woo, woo between the nenaws?

shaun_from_Africa

We can remove any vehicle from private land with the land owners consent even if the signs weren't erected first

.

Absolute bull****.
A private parking penalty is in effect a contract between the vehicle owner and the land owner/parking enforcement company.
There must be signs stating that parking is restricted, and if ignored a penalty will be charged for the parking/clamping/towing of the vehicle.

By having this sign where it is visible to anyone parking in the designated area, they are in effect agreeing to the conditions laid out on it. (providing that those conditions are legal)

Putting the signs up after someone has already parked and left their vehicle, you are attempting to introduce conditions into the contract that the driver was neither aware of or agreed to.

By placing the signs after the car had parked and then clamping or towing the vehicle based on what the signs state, you are attempting to defraud the owner and you will be the one committing an illegal act.

If you honestly believe that you have the legal right to do this, then I think a change of employment is in order for you.

IS CAR CLAMPING LEGAL?
Yes, if it’s done properly and within the law.
It’s regulated completely by the Security
Industry Authority (SIA), they have the sole
responsibility of issuing the licenses.
The SIA guidelines specify that;
Each site on which clampers operate should
have adequate notices, making it clear that
parking is restricted and the subsequent
consequences if you do park there.
A ‘reasonable’ charge can be made for the
release fee, although ‘reasonable’ is not
quantified.
Sufficient details should be left to enable the
vehicle’s user to contact the company

effectively.

ppc_guy

Again as i said we would not need to CLAMP the car we would remove it and charge the LAND OWNER. if someone called and said "oh you've took my car its the XYZ" then we would know who owned it and they could come and get it.

You are required by law to give notice of removal of an abandoned vehicle. The council or the police will not touch a vehicle on private property.

Those who have seen my posts on other threads will know im not here to argue or stick up for anything most companies do so i will leave this thread here.

System

ppc_guy wrote: »

You are required by law to give notice of removal of an abandoned vehicle. The council or the police will not touch a vehicle on private property..

The notice must be reasonable and 14 days is considered reasonable by most councils and the police. Councils do have a responsibility to move the vehicle but the landowner must take appropriate steps first to ascertain to the best of their ability that the vehicle is abandoned.

Bottom line. Unless the owner returns and moves it then it stays there for 14 days regardless unless the land owner and PPC want court action taken against them.

I realise that PPCs totally ignore this and place both themselves AND the land owner in the firing line for legal action.

TrickyWicky

ppc_guy wrote: »

Again as i said we would not need to CLAMP the car we would remove it and charge the LAND OWNER. if someone called and said "oh you've took my car its the XYZ" then we would know who owned it and they could come and get it.

I think you're trolling other forums because nowhere in this thread have you ever said you would not clamp the car. I was the one who said you'd probably claim you could and suddenly you claim you've already covered the issue. I personally think you're on so many boards trying to self-praise your work activities that you're getting muddled.

I feel the need to repeat that your actions are not legal and as shaun has also said, you're talking bull****. There is no way you are ever going to convince me that you have a legal right to remove a car with no signage or agreement from its owner. I've got far more experience of this than yourself and I KNOW that you have no rights whatsoever to do this.

ppc_guy wrote: »

You are required by law to give notice of removal of an abandoned vehicle. The council or the police will not touch a vehicle on private property.

Again you're wrong. They will touch vehicles on private property under specific circumstances but it is generally rare. Whilst the police don't like to deal with residential private property, anything classed as a public place (EG a supermarket car park - also classed as private property) is fair game to them and also covered for insurance and VEL rules.

ppc_guy wrote: »

Those who have seen my posts on other threads will know im not here to argue or stick up for anything most companies do so i will leave this thread here.

If you're going to leave it here then I congratulate you however I should also mention that I think you need to dust yourself down a bit and realise that PPCs are actually pretty powerless. You might be fooled into their way of thinking that you can do anything you like to the motorist by their company attitude but you're so very wrong. Many PPCs perform actions that aren't legal and if you are too then it's only a matter of time before they get YOU in the deep stuff (and they won't be standing by you when that happens).

thor

Well the problem has resolved itself. I woke up this morning and found the car gone and then remembered about this thread I had started.
In the absence of putting up a sign, I think the only thing I could have done was wait for the tax to run out and then inform the DVLA that the vehicle may have not been declared as SORN. My logic is that if the car was not SORN then the DVLA would be after the owner. If it was SORN or the owner applied to make it so then that would mean he/she is acknowledging the car was off the highway which would then allow us to say that they know they are parking on private land(despite lack of notices).
I'm sure there are plenty of loopholes for them to exploit but hopefully it might be easier for them just to move the car elsewhere.

thor

Notmyrealname wrote: »

So how are they supposed to know it is private? Many roads don't have any markings on. My street doesn't and most of the ones on the estate don't.



Well if you're stupid enough not to put sign posts up, how are they expected to know?

Uhm maybe you should read my post. I did NOT ask why the owner had parked the car there and I do not need any advice about stopping it happening again. I asked what I could do about that one particular car which had parked on our road on this occasion. Going by the interesting responses(in other words not yours) there seems to be quite a grey area here.

missile

Glad you got the problem resolved and hopefully the driver will not park there again.