Just out of interest, could I be legally fined or clamped?

Comyface

Hello

This is just a general wondering, I don't think I could be (as per the thread title) but maybe I'm wrong, would be grateful for facts/opinions on this one.

This morning I went to get the train; there is a park-and-ride but the car park was full (~9am). I parked in the car park of the pub next to the station which has no signs relating to parking, no pay & display or anything like that. I came back later (~11.15am) and found a printed note under my windscreen wiper:

This is a PRIVATE CAR PARK For PUB PATRONS ONLY. You Will Be CLAMPED & FINED if you Park Here Again. The Management.

The strange capitalisation of letters is theirs, not mine BTW

So, my question is, assuming that they do try to charge or clamp cars in their car park, would they be within their rights? :eek:

timbo58

No, it's illegal to clamp on private land and only a court can issue fines.
However your car could be damaged with no comeback on the landowners insurance/liability, so I'd take it as read the landowner doesn't want you parking there.

In Theory they could take you to a small claims court for losses caused by your parking, but that's up to them.

http://www.adviceguide.org.uk/wales/consumer_w/consumer_cars_and_other_vehicles_e/consumer_driving_and_parking_e/consumer_wheel_clamping_e/when_your_car_can_be_clamped_or_towed_away.htm

ampersand

I'd ask to see the writer of the note.

Update person on current law; correct misuse of f-word. Depending on response to you, inform his/her masters.

timbo - the licensee or writer may well not be the land-owner.

Comyface

timbo58 wrote: »

However your car could be damaged with no comeback on the landowners insurance/liability, so I'd take it as read the landowner doesn't want you parking there.

That's a very good point. Thanks for your reply. :A

Comyface

ampersand wrote: »

I'd ask to see the writer of the note.

I did wonder who had put it there tbh. The pub wasn't yet open when I drove off! :T

I have no desire to get into an unnecessary row, or park there again any time soon, so I think I'll leave it. lol

bod1467

I believe it is still technically legal to clamp in Northern Ireland - whether it is also legal to "fine" (demand a release fee) is another matter. But in England, Wales and Scotland it is certainly illegal, and in Scotland there isn't even any keeper liability.

pogofish

I wonder what the local licensing authority would make of pub "management" issuing criminal threats like this...?