How to get rid of illegal parkers in communal areas of flats?

luminated

Cornucopia wrote: »

As I mentioned before, the laws of civil trespass still apply. There is no point looking for "guerrilla solutions" - the law already has a perfectly good remedy.

I think that a carefully worded note on the offending cars quoting "Civil Trespass" may work but!!!!

Cornucopia

Yes - plenty of warnings can only help any eventual court case.

propertyman

tim123456789 wrote: »

but clampers were TTP.

The vast majority were not policing genuine parking problems, they were riding roughshod over the law to extract money with menaces from people who had done nothing wrong.

tim

Well no thats only the handful of cases that hit the press or were locally known.

In most of the cases you refer to the common factor was that the victim parked assuming or asserting they could park there, often on the basis of " where does it say that I can't".

That thinking is what was wrong, so I say again if it not your property or a car park dont park there.

N1AK

Taiko wrote: »

Certainly. It's the Protection of Freedoms Act 2012, Paragraph 54(1).

Someone parking across it would therefore be breaking the law.

Thanks for taking the time to respond and reference it :T

Where I think we differ is that I think the law is clear that the blocked in party would have to prove they were blocked in expressly to restrict the movement of their vehicle.

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

You would only be breaking the law if they could prove beyond reasonable doubt to a jury that you parked there expressly to block them in.

If you parked there because of lack of space elsewhere and then moved when they asked, or when the police phoned you because the owner contacted them, then there is no chance they'd be able prosecute for it.

Taiko

I think that's where we would disagree, to be honest. I wouldn't be confident of that as a defence in court, given that, technically speaking, there's a good chance I could've parked anywhere else which would've allowed the vehicle space to manouvere.

Also, if it's across your own space that was used, it'd be an aggrievating factor; you've not been able to park in your own spot because someone has done so when not entitled to, so you have blocked them in. Even if your intention was not to inconvenience, you still have.

Try it if you like, but I wouldn't see it ending well.

cgk1

If you start blocking people in, I'd be less concerned with issues arising from different readings of the law and more with the aggressive response it might result in.

N1AK

Taiko wrote:

Also, if it's across your own space that was used, it'd be an aggrievating factor; you've not been able to park in your own spot because someone has done so when not entitled to, so you have blocked them in. Even if your intention was not to inconvenience, you still have.

Try it if you like, but I wouldn't see it ending well.

Given that it is effectively impossible to get someone prosecuted for parking across the bottom of your driveway (even with cars in there) I am confident in that position. I would happily park my car across the back of another in those circumstances if I knew that I'd be able to move it again at reasonably short notice when they wanted to leave.

The much more real risk is that the person blocked in would damage your property or attack you or a member of your household.

Because it's a criminal offence, not a civil one, the decision to prosecute lies with the CPS. So the person blocked in would have to get a police officer to attend a parking dispute (easier said than done), persuade the police to even record it, hope the CPS shows any interest and then successfully argue a case to convict you beyond the criminal law standard of 'reasonable doubt'.

propertyman

Consumer advice is here http://www.britishparking.co.uk/write/Documents/AOS/Code_of_Practice_for_Parking_on_Private_Land_-_Consumer_Guide_2012.pdf

Therefore when owning or managing a car park in a block of flats all that is required is the appropriate signage and warnings for a ticketing scheme to be enfiorced.

Any from that is a member of the BPF can advise on putting in such a system.

The £25 fee for an online money claim can be reclaimed in those proceedings, especially where the car is a regular perpetrator.

cgk1

Therefore when owning or managing a car park in a block of flats all that is

required is the appropriate signage and warnings for a ticketing scheme to be enforced.

That and actually you know... taking them to court and winning.

luminated

Now turns out some of the owners (only those who own but don't live on site) are against stricter enforcement as they feel it could put prospective new tenants off - they've been advised this by one of the main letting agents that deals with lots of lets on the scheme. The turnaround has become ridiculous compared even with a few years ago so my feelings are I need to think of moving on, or keep the curtains closed so what I don't see doesn't cause me stress.

Can't bloody win this one