Private Parking? Enforceable?

aidanbree

I have been parking for the past few months in a Cinema car park on the M8 (Showcase for anyone who knows it) to allow me to car share with a colleague.

I returned to my car yesterday and found a red sticker on the driver side window stating

Warning
You have parked in a PRIVATE PARKING AREA
Your license number has been noted and is recorded by Showcase Cinema
If this vehicle is parked in this area again we will have it towed away at your expense.

Would I be correct in thinking that this is not enforceable? There are no notices in the car park stating that it is private property or terms and conditions of parking there. I have parked there again today.....

It looks to me like this is a deterrant rather than legal.....Anyone familiar with the law here?

Cheers

Aidan

dzug

Well there's no notice in the car park (are you 100% sure?) but there is one on your car so you can't claim you didn't see it.

aidanbree

How can they prove that they posted it? I seem to remember when I studied Business Law that parking notices must be clearly visible 'with a red hand' pointed toward them. i.e. they are unenforcable without a signpost in the carpark which is clearly displayed at the entrance.....is this correct / still the case?

Graham_Devon

aidanbree wrote: »

How can they prove that they posted it? I seem to remember when I studied Business Law that parking notices must be clearly visible 'with a red hand' pointed toward them. i.e. they are unenforcable without a signpost in the carpark which is clearly displayed at the entrance.....is this correct / still the case?

Common knowledge states that you are parking on their land. They own it, your parking in it without authority.

How would you like it if someone parked on your drive. It's the same thing, apart from they got more space.

LittleJo

Hi,
Re; red hand
The bit of law you are looking for is from LCJ Lord Denning in Thornton v Shoe Lane parking , 1971.
Where it was held that that exempting conditions of contracts that are destructive of rights should be clearly indicated.
'it would need to be printed in red ink with a red hand pointing to it - or something equally startling'
Jo

olly300

http://www.adviceguide.org.uk/t_wheel-clamping_on_private_land.pdf

Scroll down to towing away.

They are allowed to tow your car away if it is causing an obstruction, dangerously parked or blocking emergency vehicles. No signs needed.

Then it's up to you to take it to a solicitor or go to court to get your release fee back.

In your case the cinema could argue you are causing an obstruction as you are parked there in the evening when they could argue and prove that they are busy i.e. Friday evening (I use to use that cinema)

http://www.publications.parliament.uk/pa/cm200405/cmstand/deleg1/st050201/50201s01.htm
"The amendment seeks to close a loophole in the Private Security Industry Act 2001, whereby a company or individual in the wheel-clamping business might seek to sidestep regulation by either blocking a vehicle or towing it away without clamping it first and then charging for release. "

zappahey

olly300 wrote: »

http://www.adviceguide.org.uk/t_wheel-clamping_on_private_land.pdf

Scroll down to towing away.

That only applies in England and Wales

Happychappy

Car parks imply an invitation by the company for customers and prospective to park, you are clearly not a customer and are not parking in order to enjoy the services of the company providing the free parking.

I would imagine they are well within their rights as they have served notice on you that you are trespassing and should tow your car away at your expense.

Same would apply with them turning up with a company vehicle and dumping it at your place of work and to leave it there again after it being pointed out to you ? I think is pushing your luck, and the police would certainly not take any action as the company is within their right to deal with obstructions and trespassers on their land. You Cannot say you werent warned and why would they need a sign, they have personally served you notice ? interesting

misfire

Can you not speak to them and see if you can come to some mutual agreement? If there is always spaces when you park so not stopping a patron parking....

I wouldnt want to take the risk of clamping, towing, solicitors fees...