Family business threatened by PCNs!

insertj0kehere

Hi everyone, I wondered if some of you savvy people could help me with a problem that's affecting our family owned convenience store.

I'll try to keep this tale as short as I can!

Back in the summer an infamous local property developer acquired a plot of land neighbouring my family's convenience store. This land also included a private side road which leads to my store's car park and separates our properties. for the previous 12 years our customers used this side road for parking without any issue. Immediately after acquiring the land my new neighbour began clamping and is now issuing PCNs. The gentleman in question is totally unreasonable and will not compromise, he has even threatened to open a convenience store on his land to try and put us out of business! I've spoken to police, council, county council the local press, and even taken a 600 signature petition to my MP.. none of this has helped because the road is private and his actions apparently legal.

Our convenience store is now less convenient and we are losing customers, turnover is down 15% and we may need to start laying people off.

I'm desperate for any advice on what to do? I'm thinking of putting a sign in the window covering the fact that PCNs are rarely enforced but I'm reluctant to advise people to simply not pay the fines? My lovely neighbour is also extremely litigious so I want to be careful what I write!

Thanks to those of you that've read this far, any advice gratefully received!

Thanks in advance.:)

Buzby

It is none of your business (literally) what an adjacent property owner does as you are not directly affected. However, is the car park area you refer to your property? Or have customers been using it because they can, not because any part of it is owned by you? Check your title deeds in case you have rights to your side if the access road, in which case his actions can b stopped by an injunction.

However, if you have no rights of access or use to the lane, then there is little you can do unless yo wish to claim adverse possession of 50% of the access road (but his usually requires you to 'enclose' it in some way to stake your claim).

taffy056

Well clamping is now illegal on private land in GB, so that has gone now. In relation to the fake tickets being given, do you know which company he is using? It has a bearing as some companies cannot access the dvla database. It's probably unlikely that this person will be able to open a similar shop next to yours I doubt the planners will allow it, so it's probably an idle threat. As for access look at the land registry there is probably a right of access to your property. It's difficult to offer advice on that sides of things as we don't know the lay of the land etc

insertj0kehere

Thanks Buzby. I've checked with the land registry; the land is definitely his. The road in question has always belonged to the neighbouring plot - (which has been derelict for 10+ years), its just that previous owners have see no good reason to "police it". The new guy is planning to develop the land and is claiming that he needs the side road clear for this purpose, although no work has started yet and he has lots of alternative access off the main road.

My lease stipulates we have a right of access on the road as it leads to our car park, albeit this is around the back of the shop and less convenient.

insertj0kehere

Thanks Taffy056, the company issuing the tickets is ANPR LTD (No PC?)

Am I right in thinking I can tell customers to ignore tickets because his firm have no way to trace the vehicle owners?

If so you've made my day!

BASFORDLAD

Hmmm anpr haven't they been banned from dvla

neilmcl

The issue of the PCNs aside, you have a lease that gives you right of access only so don't you think it's unfair to your neighbour that you should be continually encouraging your customers to use his land as your private car park!

insertj0kehere

Neilmcl - To an extent you're right of course, it's his land and he can do what he wants. Also I'm not encouraging anybody to do anything. The road in question has been used by local residents for 12 years without any issues at all. Now the road sits empty and there is just no good reason I can think of except profiteering and to be contrary - he's trying to hurt my family business and has basically admitted this. The man doing this also recently bought a local landmark which he immediately prevented the public from visting. Nice guy!

taffy056

Well this may help, print out a load and have them on your till area, also are there cameras up ? Has planning permission been given for them ? The right of access is there so he can't stop people using the road. If people know what he's like around your area you will probably get local support

http://forums.pepipoo.com/index.php?showtopic=73598

insertj0kehere

Taffy056, thanks again, I will get these printed out and on the tills straight away.

I've emailed ANPR as a prospective customer asking them to confirm if they currently have access to DVLA databases. Hope I get a response!

taffy056

there are quite a few ANPR companies with similar names, the one in my signature below is not the same one you indicated, take a look on the bpa website look for aos then their members, those are the ones who can access the dvla, well apart from the ones banned.