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

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  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 May 2019 at 7:21AM
    Coupon-mad wrote: »
    And as one of your customers will say when you find (too late to cancel within the short period dictated by the parking firm) that one of the tickets you issued was actually to that customer:

    ''why should I pay out for a fine or even bring my custom here ever again?''

    PPCs sting people, even self ticketing versions, and the data that YOU hand to them will stay with the parking firm ready for revenge claims whenever they choose.

    No customers here. Private estate. This arose when we offered parking bollards to flat owners to stop rogue parking. And the OP is in a situation which only impacts on staff.

    It's one of those tough ones where clear self ticketing might be the best option. OP is pretty clued up IMHO and would ensure that staff weren't affected

    Having said that I do like twhitehousescat's suggestion suggestion of the clamp. That worked well with someone I know who had an issue a little like the OPs. They have a space at the side of their shop which was for staff only. Centre of town so space got abused regularly by shoppers. They pulled the clamp trick and it worked. But you need to repeat it for "new" interlopers.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Private car parking management companies that give out parking tickets or trespass charge notices can only request information from DVLA if they’re members of the British Parking Association or the International Parking Community.

    by issuing invoices to people you are becoming a parking co


    On the plus side, if someone parks in a bay with a post or chain present (but not engaged), you are legally allowed to lock the post or chain and block them in without falling foul of the law, and then require them to pay a release fee

    that was banned back in 2012 , and could be a costly mistake to do , someone may link you to the famous NCP case , and indeed a case that is ongoing at present , (member now banned from BPA)

    Not true. It is permissible to use a barrier to trap an offending vehicle. Here is the relevant paragraph from POFA 2012
    Accordingly, no offence would be committed where a driver was prevented from leaving a car park because the vehicle’s exit was blocked by a fixed barrier which remained in place because the driver had not paid the requisite parking charges (provided the barrier was present when the vehicle was parked, whether or not it only subsequently restricted movement, for example by being lowered into place).
  • Castle
    Castle Posts: 4,806 Forumite
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    POFA 2012 Section 54(3) makes no relevance to unpaid "parking charges".
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    nigelbb wrote: »
    Not true. It is permissible to use a barrier to trap an offending vehicle. Here is the relevant paragraph from POFA 2012

    Accordingly, no offence would be committed where a driver was prevented from leaving a car park because the vehicle’s exit was blocked by a fixed barrier which remained in place because the driver had not paid the requisite parking charges (provided the barrier was present when the vehicle was parked, whether or not it only subsequently restricted movement, for example by being lowered into place).

    they have no barriers , and are not offering a carpatking space , they are not a car park open to the public
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 May 2019 at 10:35AM
    Accordingly, no offence would be committed where a driver was prevented from leaving a car park because the vehicle’s exit was blocked by a fixed barrier which remained in place because the driver had not paid the requisite parking charges (provided the barrier was present when the vehicle was parked, whether or not it only subsequently restricted movement, for example by being lowered into place).

    they have no barriers , and are not offering a carpatking space , they are not a car park open to the public

    It doesn’t matter whether it’s a car park or not or whether parking is offered to the public as the offence is the immobilising a vehicle for which there is a specific exemption where there was a barrier (could be a post or gate or swing barrier). Here is what paragraph 3 of Section 54 of POFA 2012 says
    (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/section/54#section-54-3

    So for example if a vehicle parks in a driveway & the gate is then locked no offence is committed even though the vehicle has been immobilised.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The OP has a problem and I think the only answer is bollards with each member of staff with a key.

    UKCPM has proven themselves to be money scammers and are a very dangerous company to get involved with. The same applies to all the money scammers seen on this forum

    The OP understands the system of going to court and if he does it himself, there is no guarantee he will win

    If he allows a money scammer to do this the repercussions could be severe and he must protect his business
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Have you tried very sicky windscreen notices.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,399 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The_Deep wrote: »
    Have you tried very sicky windscreen notices.

    A few pints of Guinness and a doner would be a good starting point! :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Have you tried very sicky windscreen notices

    Thought about it but not tried it. FlashPark offers their "FlashPeel" service which I've considered, though for the number of bays the starting price is almost £100.

    Have you tried this type of solution and had success?
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    you do realise that if you start placing tickets on cars , you will get verbal abuse , bricks thru your widows , etc

    this id why parking Cos use the ANPR type system , in most cases , no ANPR cameras , just a bloke with a camera

    place signage up "Parking £10 per hour! " that would deter many , plus a nice little bonus for a member of staff that is resilient enough (or deaf) when he collects the £10
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