Private driveway

Lindsey006

I had a conversation with the landowner as to what the purpose of the cameras were. A local motor trader sometimes parks 2 or 3 cars in the car park for days at a time, to be honest I had not appreciated this as I just thought they were residents’ cars. The motor trader according to the landowner has ignored requests to move them and the aim is to stop this happening. 

It is only occasional that this happens but the landowner wants to stop it. 

I do worry that UKPC are going to make minimal profits without issuing lots of PCNs. The local community are unaware of the camera plans at present.

Umkomaas

The motor trader according to the landowner has ignored requests to move them and the aim is to stop this happening. 

It is only occasional that this happens but the landowner wants to stop it. 

Obtain a court injunction. 

fisherjim

So your quiet enjoyment of your property will suffer because the car park landowner is taking the lazy way out, disgraceful.

The_Slithy_Tove

Trainerman said:

The small Council pay-and-display car park near me just have a visiting van patrol.  He avoids a schedule, and you never know when he will turn up. Yes, no doubt some overstayers get away with it, but the Council seem ok with it overall.

The council are only "OK" with it because that is the extent of what they are permitted to do. They are not allowed to use ANPR or CCTV, because they're deemed not fit for purpose, so real people patrolling is what they have to do. That's the difference between a regulated process (council parking has legislation behind it) and an unregulated industry (private parking). Thankfully the latter is about to become properly regulated.

Fruitcake

Handing out cards to visitors won't work if you are not there to hand out the cards. It also means you are doing work for the PPC that will cost you time. If your property is blacklisted by delivery companies because they get ticketed, it will coat you time and money to find an alternative shopping/post method.

You should ask the landowner how much they are going to pay you to hand out the cards, how much they are prepared to pay in compensation if you have to travel to pick up packages/post, or go shopping, because your property has been blacklisted, and how much they are going to pay you to deal with appeals against unfair parking charges.

Does the landowner know they can obtain keeper details themselves from the DVLA and then send an invoice to the registered keeper for trespass? If the motor trader is the registered keeper. If the cars belong to customers, they will get peed off if they get invoices , especially if they are informed it is the motor trader's doing.

The landowner could contract with the motor trader and allow a certain number of cars to be parked in specifically marked bays at a cost of £X per month.

The landowner could take out an injunction as mentioned, or issue a claim for each and every trespass.

There are probably other methods available as well to deter this. A solicitor's letter would be the first thing to try, with a warning about issuing a claim for each and every trespass if it continues.

diystarter7

How about the "local community" buying the car park? Then no camera, etc and a free for all?
Just saying to give you an idea of why they are doing this.
I would not be happy but as I said, what is the alternative, move, buy the car park or the easier option, accept?

Half_way

Handing out cards wont work as its imposing conditions on you/your guests ability to freely pass over the land.

 Anything that imposes any conditions on your use of the land is a straight up no.

On a side note, if they are going to insall CCTV then have they submitted the required planning permision/consents and likewise if any signage is going to be erected then that will also need planning and advertising consent, and as i understand the lack of advertising consent can be a criminal offence

Trainerman

For me, there are the start of a couple of really good solutions in the post above at 9.38 by @Fruitcake .

Could the OP help the landowner to operate a trespass scheme, thus working together for a better solution?

Could the landowner rent out spaces to the motor trader or alternatively (maybe again with help) send that trader a ceaase and desist, with the warning of future action for trespass.

In either case, it is in the hands of the local people , not some money grabber from miles away

Lindsey006

The cards idea has been scrapped now, the landowner accepts that is not acceptable. 

No planning permission has been applied for as yet. I do think this is a complete overkill for one small motor trader so I will am interested in alternative solutions that I can suggest. I just can’t see UKPC accepting a few PCNs a month, surely it would have to be more to make this work for them. 

You are all so helpful and full of ideas. Thank you.

Umkomaas

The 'remedy' for trespass is limited to the recompense for the actual damages caused to the landowner. If it's a free car park then there doesn't seem to be much of a deterrent, especially if the trespasser is hard-faced enough to ignore the threat. A small claim is a possibility, but claiming for a peppercorn amount, is not particularly cost effective. 

Being 'miffed' about the unwelcome use of the spaces is difficult to quantify in monetary terms.