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

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  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    the registered keeper may not be the driver
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 27 May 2019 at 4:19PM
    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.

    You should be talking to a good solicitor who understands commercial law and especially trespass

    And as twhitehousescat says above .... the registered keeper may not be the driver
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    if you intend to start your OWN self ticketing , you are getting close to the likes of premier parking logistics <spit>

    may your cat be run over and partner die of fleas (or other way round)

    POFA set specific requirements when pursuing parking in private land


    I will ring the lord chancellor in the morning and get an amnesty for you , you are clearly special




    or you could do a "proserve" and waste many thousands of £ fighting the DVLA

    * proserve was trespass , not parking
  • waamo
    waamo Posts: 10,298 Forumite
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    the registered keeper may not be the driver

    Indeed however ISTR more than one case where an RK has been held liable as they had been repeatedly warned.

    The judge held they were aware of the risk and it was likely they were the driver on at least one occasion. They also had the opportunity to warn a driver of possible consequences to their repeated errant parking.
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    waamo wrote: »
    Indeed however ISTR more than one case where an RK has been held liable as they had been repeatedly warned.

    The judge held they were aware of the risk and it was likely they were the driver on at least one occasion. They also had the opportunity to warn a driver of possible consequences to their repeated errant parking.

    but would not those cases be for parking and infact use of POFa , does POFA count for trespass?
  • if you intend to start your OWN self ticketing , you are getting close to the likes of premier parking logistics <spit>
    OK but one of the earlier recommendations here suggested that approach. I take it you are not in favour? Can you explain why? That would ensure that there is no profit-mad PPC involved, at least.
    Indeed however ISTR more than one case where an RK has been held liable as they had been repeatedly warned.
    This is the main downside of a trespass approach - PoFA says the RK is in fact liable by law unless they disclose who the driver was.

    twhitehousescat what is your recommended approach (taking into account it isn't bollards and poles or a teenager on minimum wage shooing prospective parkers away with a broom)? All I see is approaches that you are not in favour of.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    but would not those cases be for parking and infact use of POFa , does POFA count for trespass?

    The OP should read this

    https://parking-prankster.blogspot.com/search?q=trespass
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
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    beamerguy wrote: »

    ahh yes , forgot about ACE , murky nasty setup mainly on counsil owned land <spit>
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    any claim for trespass would be for a nominal charge (as per court rulings) and or based on your losses


    if a member of staff was unable to park for say 2 hrs , then the receipt for counsil car park costs should be submitted to court

    the max you could charge in legal fees would be £50 , and proof may be required of your qualifications


    if the person chooses to use a court 300 miles away , you will need to appear (of you wish to win) , but you cannot claim back travel costs
  • any claim for trespass would be for a nominal charge (as per court rulings) and or based on your losses
    So in that case, if we go with a "parking forbidden, trespassers will be prosecuted" approach then there is really no disincentive for people parking there without permission if all I can claim from them is what they would have paid in the local council car park.

    If we say parking is forbidden then only trespass can be enforced. To charge people for breaching a "no parking" setup it needs to be one where parking is offered but on discouraging terms eg £50 per day or part thereof, and then with the correct signage a contract of adhesion is formed when the driver parks, and PoFA enables the Registered Keeper to be compelled to name the driver who entered into the contract.

    The parking prankster blog looks interesting - I'll spend more time reading up there. Interestingly he calls out management companies for using bottom-feeders instead of reputable PPC companies so presumably at least he believes there are decent operators out there.
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