Flash Park

dhep1

We are in dispute with a land owner, we have a children's nursery that has parked and used this piece of waste land for over 25 years, someone has claimed the land (we suspect) and is now surfacing it and has now employed flash park to 'police' the land.
We have 4 staff who have worked here over 20 years who have signed written statements that they have never been refused use of the land, (we are the new owners), we also have a 'Stat Dec' from the previous owner who goes back further.
This will seriously effect our business.
Can the 'land owner' do this?
Any help would really be appreciated.
we have already spent over £2k on this with the solicitor and no nearer an answer.

Coupon-mad

They can do it if they have planning permission and they often don't, on odd bits of land, look:

http://www.liverpoolecho.co.uk/news/liverpool-news/city-centre-car-park-operators-8527645

Where it will affect your business you can argue to the Council that it is causing nuisance to local businesses and you object, has it got permission for a parking business to be run here costing people £100 a pop if they breach certain 'rules'? Is the landowner paying appropriate business rates? See what they say, or has this already been tried?

dhep1

WOW thanks never thought of that, the land is at the side of an industrial estate, he is allowing his tenants to use it free but not us as we have the freehold and not his tenants.

Coupon-mad

Sounds a bit like the place in that newspaper article...Flashpark are a 'flash in the pan' bunch of chancers IMHO so it could be they've rocked up and seen an opportunity (got agreement from the landowner only) but maybe never got permission from the Council to use this land for a parking business, which is effectively what this is.

dhep1

He has told us on several occasions that he is determined to close us down and that he has a 'friend on the council' that will help him.
This despite the fact the nursery has been here longer.
He has his tenant taking photographs of the cars, what next, 'The Kids'!

bazster

http://www.boundary-problems.co.uk/boundary-problems/easements.html

"An easement may also be created by prescription. This happens when someone carries out an act (that is capable of being an easement) repeatedly, openly and without the (potentially servient) landowner's permission for a period of at least twenty years."

So if your employees and your customers have been parking on this land unchallenged, and without defying any prohibitions or signs, for 25 years it's entirely possible that you have acquired an absolute right to do so. You really need to consult a solicitor who specialises in this area.

Anyone who gets a Flashpark ticket needs to complain formally and loudly to DVLA over the misuse of their data. DVLA requires that all tickets are issued either as paper tickets attached to the vehicle, or by ANPR camera. Flashpark does neither, they just rely on their "customer" (which could be any random stranger who pays £30 for their signs) taking a photo with their mobile 'phone - which could be of any car anywhere for all Flashpark cares - and uploading it to Flashpark's website.

Ryan_Bryan

I suggest you also contact your local paper. They may like the 'Friend on the Council' line.