Private driveway

Trainerman

Umkomaas said:

The 'remedy' for trespass is limited to the recompense for the actual damages caused to the landowner. 

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

Point taken. Could the landowner put up his own signs saying something like Parking free for xxxx hours, £100 per day after that? Thus becoming his own PPC but presumably only invoicing the trader?

Umkomaas

Trainerman said:

Umkomaas said:

The 'remedy' for trespass is limited to the recompense for the actual damages caused to the landowner. 

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

Point taken. Could the landowner put up his own signs saying something like Parking free for xxxx hours, £100 per day after that? Thus becoming his own PPC but presumably only invoicing the trader?

No reason why not, and as the landowner he can access RK data from the DVLA without having the grubby hands of a PPC to do it for him. But enforcement might be a challenge. 

Alternatively he could use the tried and trusted 'Trespassers Will Be Shot' 😄

Half_way

There are a cople of options out there:

 as above the trader could be charged for leaving vehicles there, DVLA access wont be required as the person will be known however if going down the trespass router the actual loss caused by the vehice being there will need to be worked out.

Another option - depending upon the layout of the land / car park ( google maps link wold help) would be a physical barrier that could control acess to the car park area but not block the access route - Gates shut at Xpm each evening and reopened at Xam each morning

patient_dream

This whole saga seems to be a very fickle landowner if it's just over a probably back street car trader who no doubt has used cars all over the place anyway

Getting the info on the REAL owner could track back to the person who sold the car to people like "we buy any car" (which are sold on to auctions)
Despite what the V5 instructs you do on car sales, 

Get all the residents together so they can understand the likes of UKPC who shoors first and answers question later. By that time you are in an unregulated industry who are greedy for money.  ANPR is the culprit that shoots and causes immense grief thereafter to the residents and visitors
ANPR will devalue properties because buyers will not want cowboys operating
CCTV is intruding and is a spy in sky watching you all the time

Even with boots on ground, a warden, they will want wages from UKPC so you can guarantee they will be busy busy giving out tickets

The landowner via his solicitor should get an injunction as mentioned and that will cure the problem.

The future problem for the landowner would be terminating UKPC. it will cost a fortune  and he would have to bear the cost

Given the history of UKPC and their fraud, I am amazed the landowner never did his homework, UKPC have beeb blasted in the national press so he should have known

Half_way

As said before i get the feeling that the landowner has got themselves in a bit of a mess with the parking company - wont be the first and wont be the last time this has happened .

 but its absolutly criticial that you stick to your guns with the simple rely of No.

If you or any of your geusts end up with the pakring charge notice then its full bore aimed fully  at the parking company with a GDPR breach plus whatver else can be thrown at them.

Coupon-mad

Why doesn't the landowner approach the motor trader saying he is in talks with an ANPR/CCTV parking enforcement firm or he will commence self-ticketing (including taking motor trader to court) if those vehicles continue to use his land without agreement.

However, he doesn't want to do that because penalties are overkill and the parking industry is rogue.

The other alternative is he knows he could seek an injunction to stop the motor trader from using his land after fair warnings, and could then sue for his legal costs associated with that.

So, he would like instead to propose that the motor trader may rent a maximum of two allocated spaces at £xx per bay per week and contractually agrees to pay double the weekly fee (per bay) if they use the wrong bay even briefly.  Such an arrangement to be reviewed monthly and will not lead to any easement, title or adverse possession rights.  Purely a space rental.

Lindsey006

I am more than happy to help the landowner, particularly if we can avoid UKPC being involved.
I am still going to say no to cameras because the possibility of PNCs is still a reality.

Trainerman

We would all agree with you. Might it be a good idea for you to show the landowner some of the stories about how bad UKPC are, so that he can see the deep hole he is about to dig for himself?

fisherjim

diystarter7 said:

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?

Who has said the car park is for sale, and why on earth would the "community" buy the car park? Your posts just get more bizarre!

Fruitcake

The BPA has told its members that they should start implementing the forthcoming mandatory government requirements sooner rather than later.

If the landowner is intent on infesting his land with a PPC, he will need to be very astute when he agrees to a contract.

He should state that the government requirements should be implemented from day 1 with a maximum £50 charge reduced to £25 for early payment. This will save the PPC money   because it will save them having to change their signs and procedures in a year's time.
He should insist on having the right to have unfair tickets cancelled, with no limit, and no charge to him.
Planning permission for CCTV cameras and advertising consent for signage must be approved before operations commence. The PPC must comply with the CCTV CoP.
As already mentioned, not having the latter is a criminal offence (although only the council can pursue it). There is nothing stopping any locals from objecting.

The landowner could obtain keeper details himself and issue PCNs once he has erected his own, approved signs. He could even form his own parking company, get advertising consent for his own signs, join an ATA, and get registered keeper details via an online link to the DVLA, and issue PCNs to anyone he likes who parks in breach of his own Ts and Cs.

If he wants to generate revenue from parking as well as stopping the motor trader from abusing his land, he could install an honesty box.

How a car park should be run — MoneySavingExpert Forum