Someone keeps parking on private land. Security issue

RuthnJasper

spacey2012 wrote: »

If you issue a trespass warning it become aggravated trespass if they should ignore the warning.
Personally I would just lock the gates and leave a number on the gates to call, when they call be polite, but insist you are issuing them with a verbal warning they are trespassing and must leave and not return or it becomes aggravated trespass and you can have them arrested.

This is exactly what has been done by a friend of mine in a very similar situation. Don't hesitate to report it to the Police and get a "crime number" to quote in any notes/correspondence if needs be. It's your property and whoever it is has no right to be there.

Can't improve on what Spacey has said, other than to keep a record of what action you have taken with dates and times (e.g. "left note" (keep a copy) "under windscreen 20/4/14, 18:55", "verbal warning 22/4/14, 11:44) and take photos if necessary.

Best of luck - hope the situation is soon resolved.

bazster

The potential offence under POFA is this, my italics:

"A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it."

Well you wouldn't be intending to prevent or inhibit the removal of the vehicle would you? You are merely locking your own gates for security reasons. An unauthorised vehicle inside is just collateral damage.

nicechap

Watchful wrote: »

.....

However, a neighbour recently got broken into, so I'm anxious to start locking up the yard (Which has big, heavy steel gates and barriers).

.....

Unless I've misunderstood something, surely locking the gates to your own property is the sensible thing to do. If this selfish parker has ignored your warnings its their look out.

I suppose I might put a sign on gates saying something like, gates can be locked at any time for any period of time.

Although the police won't be interested in your plight at the moment, if you let your local beat officer know what's going on and you think its anti social behaviour because you've left notes on this car and they continue to ignore you, if they are parked there when you lock up to go abroad I doubt the police will be in a position to take action against you or allow the driver to get their car back before you come back.

nigelbb

bazster wrote: »

The potential offence under POFA is this, my italics:

"A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it."

You have omitted the paragraph of Section 54 of POFA that qualifies the above & specifically allows for the restriction of movement of the vehicle if there was a barrier whether it was in place or not at the time the vehicle was parked. In other words if the motorists drives through a gate no offence is committed if the landowner later closes that gate even if it has the effect of trapping the vehicle.

(3)But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.

http://www.legislation.gov.uk/ukpga/2012/9/part/3/chapter/2/crossheading/offence-of-immobilising-etc-vehicles/enacted

bazster

nigelbb wrote: »

You have omitted the paragraph of Section 54 of POFA that qualifies the above & specifically allows for the restriction of movement of the vehicle if there was a barrier whether it was in place or not at the time the vehicle was parked. In other words if the motorists drives through a gate no offence is committed if the landowner later closes that gate even if it has the effect of trapping the vehicle.

Not quite. The driver's consent to the barrier being closed (express or implied) is necessary i.e. you can't just close a barrier without that possibility being brought to the driver's attention sufficiently strongly for implied consent to be assumed. We don't know for sure whether the OP has, through his signs and notes, made the situation clear enough to the driver. This is why I didn't bother mentioning that bit.

nigelbb

bazster wrote: »

Not quite. The driver's consent to the barrier being closed (express or implied) is necessary i.e. you can't just close a barrier without that possibility being brought to the driver's attention sufficiently strongly for implied consent to be assumed. We don't know for sure whether the OP has, through his signs and notes, made the situation clear enough to the driver. This is why I didn't bother mentioning that bit.

A normal gate that may be opened & closed likewise a barrier that my be raised & lowered doesn't need to be explicitly brought to the attention of the driver by means of warning signs as they should see it (or ought to have seen it). If it were some sort of barrier that rose up out of the ground or the gate was hidden behind the boundary wall then fair enough but driving through an obvious gate or lockable barrier the driver should be aware that there is the possibility that at some later time the gate or barrier may be closed. They therefore give their implied consent to the closure of that barrier. Section 54 of POFA specifically describes this situation as permissible to differentiate it from illegal clamping.

bazster

Please yourself, if that's what you choose to believe.

waamo

So the yard WILL be securely locked for 2 weeks with no access. The notes left on the car and signs have been updated to this effect.

Given he has had notes put on his car and signs have been put up I think he would be hard pressed to say it wasn't brought to his attention.

Lovelyjoolz

Whatever you choose to do, do you have security cameras that will pick up the driver's reaction so that we can all have a good laugh at the video? :rotfl:

Seriously, I sympathise because I have the same problem with people repeatedly parking in our car park and then walking into the city centre. Most stop once we've pointed out their error, but one or two are repeat offenders and it's very annoying. It would be extremely tempting to just lock him in and serve him right!

Put a very clear sign on the gates saying the dates the gates will be closed between and keep them closed as much as you can to try and stop him sneaking in. And definitely mention the situation to your local Bobby - I have an email address for ours so perhaps you could email yours and make them aware of the situation. Then at least you can lock the gates with clear conscience that you've done the best you can to avoid locking him in.

Herzlos

Given that he also doesn't park there when it's closed and re-appears when left open, it's safe to assume he knows it might close.