How to enforce parking restrictions without being an a%&$ ?

Fruitcake

hartebeestfootprint wrote: »

If they come onsite then they will be trespassing. The contract doesn't list out things they won't do but if I go with them I will add a clarification to this effect.


Various people have suggested things to check or ensure are in a contract with a PPC - thanks for this, very useful. I will also obtain legal advice.

How will you know if you are not there at the time?
How will you take them to court if they do not identify themselves to you so you do not know who they are?
I can think of other issues just with the extracts from the contract you have quoted, so I think you need to look very hard at every detail of the contract as I believe there will be things you never dreamed of that they will use to their advantage and your detriment.

Don't get me wrong. I think we all believe you have the right to protect your demised property and your business, but we fight these unregulated scammers day in day out, and have come to know them to be despicable disgusting companies and liars, just like our MPs have described them in open parliament.

If you do decide to employ one, do not trust them a millimetre. Get your contract airtight, and then get it hermetically sealed, but don't be surprised if they do not do what they say they will or won't do.

hartebeestfootprint

we fight these unregulated scammers day in day out, and have come to know them to be despicable disgusting companies and liars

So I take it there is a not a single provider who you would say does a decent job of enforcement without being unreasonable? I just want to buy a service that does the job, I don't want to feed scammers, but it would seem the 2012 elimination of clamping didn't really leave us with a regime that works well for owners of parking or people who want to park illegally.

hartebeestfootprint

Interesting - I'll look into this a bit more

OK so it look as if going via trespass route might work:
1. I don't have to follow any of the rules for parking operators eg appeal schemes, since I'm not operating a parking service (which I would have to be to go the DIY route)
2. Damages/penalties are much higher plus I can charge the trespasser for things like the cost of debt recovery, therefore making it worth spending time enforcing parking instead of doing my day job
3. Scammers don't make any money off me nor can they harass anyone (I do it instead).

The main drawback is probably reputational - we are a small company that provides services to vulnerable people and we can't get a reputation for ripping off people - which is probably what people will think (especially the aggrieved drivers who think "I was only there 10 minutes" or whatever is a sufficient justification).

waamo

hartebeestfootprint wrote: »

OK so it look as if going via trespass route might work:
1. I don't have to follow any of the rules for parking operators eg appeal schemes, since I'm not operating a parking service (which I would have to be to go the DIY route)
2. Damages/penalties are much higher plus I can charge the trespasser for things like the cost of debt recovery, therefore making it worth spending time enforcing parking instead of doing my day job
3. Scammers don't make any money off me nor can they harass anyone (I do it instead).

The main drawback is probably reputational - we are a small company that provides services to vulnerable people and we can't get a reputation for ripping off people - which is probably what people will think (especially the aggrieved drivers who think "I was only there 10 minutes" or whatever is a sufficient justification).

Enforcement is entirely in your own hands with a diy approach. Unlike with a ppc who could possibly end up taking one of your vulnerable people to court if they parked by your premises.

beamerguy

hartebeestfootprint wrote: »

So I take it there is a not a single provider who you would say does a decent job of enforcement without being unreasonable? I just want to buy a service that does the job, I don't want to feed scammers, but it would seem the 2012 elimination of clamping didn't really leave us with a regime that works well for owners of parking or people who want to park illegally.

Where there is muck there is money.
After clamping was banned, POFA2012 came into force. A lot if not most was written by the BPA who is an ATA taking membership fees to allow ex clampers to operate under private parking companies.

This has been a complete shambles, hence the new code of practice which became law this year. Whilst it's law, it's still being written so we have to wait, maybe Mr Farage could wake up these over paid civil servants.

A copy cat version of the BPA called the IPC was set up by the incompetent solicitors Gladstones and they started the biggest scam the UK has seen.

SO NO ...... there is no such company available to you and if you do select one, make sure they are NOT a IPC member, it will end in heartache for you and your wife.

You mentioned UKCPM ? ... read this ....
https://parking-prankster.blogspot.com/search?q=ukcpm

I'm sure you don't want such a rabble operating for you

beamerguy

1. I don't have to follow any of the rules for parking operators eg appeal schemes, since I'm not operating a parking service (which I would have to be to go the DIY route)
2. Damages/penalties are much higher plus I can charge the trespasser for things like the cost of debt recovery, therefore making it worth spending time enforcing parking instead of doing my day job
3. Scammers don't make any money off me nor can they harass anyone (I do it instead)

I thought you said you rented the spaces from the council ?
If so, you don't own them to claim trespass.
Passing Data to debt collectors could cause you a problem
Harassing people an even bigger problem

I think you better think this out again

hartebeestfootprint

I thought you said you rented the spaces from the council ?
If so, you don't own them to claim trespass.

No, we lease them from the leaseholder who leases them from the freeholder (the business is a sub-lessor). But we pay a hefty chunk of business rates linked to the number of spaces. So for the purposes of enforcement the business can act with the same rights as the freeholder and has the right to enforce parking fees and/or trespass.

hartebeestfootprint

Enforcement is entirely in your own hands with a diy approach. Unlike with a ppc who could possibly end up taking one of your vulnerable people to court if they parked by your premises

I have been reading "BPA Guide to members - Parking Management on private land" which seems to suggest that if I put up signs saying "parking costs £99 per day or part thereof" and the enforce that via DVLA, chasing down the driver via the keeper etc there are a lot of rules I need to follow. If I just put up a "private property - we will seek money damages from trespassers" sign and issue civil proceedings for trespass, then I don't. But then the penalty is higher for the miscreant, and my costs are high so I have to follow through and ensure I obtain judgement and damages to cover my costs.

Also the trespasser will probably end up on a forum like this looking for advice to use against me

hartebeestfootprint

Unlike with a ppc who could possibly end up taking one of your vulnerable people to court

So my plan was always to use a Self-Ticketing service so the only person dobbing anyone in is me, and I can check who the car belongs to before starting the PPC off on enforcement.

waamo

People looking to fight any parking charge come here. It's harder to fight a trespass charge if you are a repeat offender. It does have drawbacks in that POFA is unavailable but if you send warning letters to a registered keeper a court will accept they knew and accepted there was a risk to parking there.