Being told I can’t park on a public road by work

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  • Gavin83
    Gavin83 Posts: 8,748 Forumite
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    Katapolt wrote: »
    We all parked in a nearby residential street, some more considerately than others. The residents got hacked off with this, and started taking photos of the cars, and leaving notes on them, very agressive and threatening. Then a few scratches were found, wing mirrors torn off, all sorts.

    Yeah thats illegal, but how can you find out who it was in a street full of people? Do you really want that aggro, or fear.

    I got into several altercations due to the situation of having to park in a residential street due to work. Once I parked up, guy came out his house and asked me to move as I was in 'his spot'. I refused, he threatened my car, I threatened his house and it almost ended up in a punch up. Naturally I'm quite sensitive about this subject. :p

    Anyway, a company can put what it wants in its contract, whether it's enforceable is another matter. I'd suggest a company can't tell you not to legally park but others clearly disagree. It's all well falling back on the old 'bringing the company into disrepute' clause but there surely has to be some basis for the complaint. Next it'll be someone getting fired because a member of the public didn't like their face and they didn't want them bringing the company into disrepute.

    However, as much as I think it's bull you'd have to question if you'd want to be labelled a trouble maker and spend the money to be the person proving/disproving this in court. In all honesty it's probably easier to just park elsewhere.
  • Gavin83
    Gavin83 Posts: 8,748 Forumite
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    polgara wrote: »
    The real issue here is whether it is a 'reasonable management instruction' - yes you can legally park on a road as long as you comply with the highway code and within any parking restrictions however this is an employment issue.

    Parking is always a contentious issue for residents living near businesses and even considerate parking becomes an issue if you can't get anywhere near your own home. I have this issue whenever I'm on annual leave - go to the supermarket etc and have to unload in the middle of the road and then park up roads away until after 5.30 when I can go and move my car closer.

    Do you not have parking permits on your road? If not and it's that much of a problem maybe you should speak to the council.
  • bugslet
    bugslet Posts: 6,874 Forumite
    Gavin83 wrote: »
    Do you not have parking permits on your road? If not and it's that much of a problem maybe you should speak to the council.

    Doesn't affect me, but about two roads away, there are a couple of roads badly affected by people leaving their cars outside homes all week as they avoid the railway car park charges of £12.00 a days ( I have some sympathy with them at those rates). By all week I mean park Monday and come back Friday, presumably working in London.

    This has been going on for a good number of years, at least 8, and the council said that those affected couldn't have residents permits because they couldn't enforce them!

    Unfortunately for the houses directly opposite the (empty) station car park, they don't have off street parking so if they lose 'their' place then they have to trot a few hundred yards away and park outside someone else's house.
  • polgara
    polgara Posts: 500 Forumite
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    Gavin83 wrote: »
    Do you not have parking permits on your road? If not and it's that much of a problem maybe you should speak to the council.

    Its an unadopted road so the council aren't interested unless we pay a significant amount of money for it to be 'upgraded and adopted'. Which really does rankle as we do actually own the bit of road outside our houses but trying to enforce parking/private road still is a nightmare.
  • pimento
    pimento Posts: 6,239 Forumite
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    Any reason why you can't take a bus/train/tram to work?

    Sell the car and buy a bike?
    "If you think it's expensive to hire a professional to do the job, wait until you hire an amateur." -- Red Adair
  • TELLIT01
    TELLIT01 Posts: 16,471 Forumite
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    Gavin83 wrote: »
    Do you not have parking permits on your road? If not and it's that much of a problem maybe you should speak to the council.


    As often as not the locals affected by the introduction of parking permits don't want them. There is a cost but that doesn't guarantee a parking space. Also many councils limit permits to 2 per household but many households have more than 2 adults with cars. Net result is the locals being even less able to park than in the past. There is no easy answer.
    Many people are in the situation where the only way to get to and from work is by using their car and they have to park somewhere.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
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    kamalious wrote: »
    Hi all,

    Very frustrating and strange situation at work.

    I work on the outskirts of Manchester. My company has onsite parking but there’s an offsite car park around 10 minutes drive away, for which they have a minibus to and from. I had a parking spot for 5 months which has been taken away from me - no excuse given bar that it was only temporary. Anyway, majority of people who are made to park there are usually late to work because of delays and road closures etc. Long story short, it’s not ideal.

    When my space was taken away two days ago, I started parking on a public residential road which is about 7 minutes walk, so it’s much more convenient. People started parking there when everyone started getting put off site due to a huge influx of new staff, and residents complained due to a lot of inconsiderate parking. People were leaving the cars on the grass etc, which I understand was not appropriate.

    In the last two days though I have parked legally and normally, on the street, not blocking anyone in, etc. However, both days residents have complained.

    I’ve received emails now from the facilities team telling me to not park there as there have been complaints.

    My position in correspondence has been that I am parked legally on a public road and am well within my rights to, and that work have no legal standing or position to tell me where I can and cannot park, especially because it’s half a mile away from the company site.

    They keep escalating this, and have now started CCing HR and my manager into emails, and I believe that they will try to discipline me. My contract does not mention parking at all, so again - they have no legal right to dictate my parking.

    What can I do? It’s such a weird situation and whilst I know I could find somewhere a bit further to park, it’s the principle that is greatly upsetting me.

    TL;DR - work won’t let me park onsite anymore, and keep telling me to not park on a public road half a mile away even though I am parked legally.

    Thanks in advance :)
    Kamal


    So if you use the official off site parking, you are likely to be late? Then why not suggest to your managers that the minibus leaves the off site car park earlier? If you are late because the company has not allowed enough time for the minibus to get through the traffic, then surely the answer is for the minibus to change its times to allow for everyone getting into work on time.
  • System
    System Posts: 178,093 Community Admin
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    You are in the right. They can't really complain as it does not breach any rules in the contract I assume. Apart from maybe bringing the company into disrepute?



    But...how much do you want the job compared to the parking space?
  • Did I say who had to compromise? And how? No.
  • Undervalued
    Undervalued Posts: 8,851 Forumite
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    edited 19 July 2018 at 4:07PM
    k3lvc wrote: »
    Are you suggesting that legally the employer can control how you get to/from work & where you park ?

    We had a similar situation a couple of years ago where the Site team had received a complaint from residents and rather then asking for consideration from employees issued a blunt statement that it would become a disciplinary offence to park in said street. Statement was withdrawn within the hour on advice from HR/Legal/Unions and residents told if they want to control parking then they apply for restrictions via local council. Local council rejected their request.
    Gavin83 wrote: »

    Anyway, a company can put what it wants in its contract, whether it's enforceable is another matter. I'd suggest a company can't tell you not to legally park but others clearly disagree. It's all well falling back on the old 'bringing the company into disrepute' clause but there surely has to be some basis for the complaint. Next it'll be someone getting fired because a member of the public didn't like their face and they didn't want them bringing the company into disrepute.

    I had largely stopped posting on this forum but I thought I would respond to this thread as I have been directly involved in two similar situations.

    Yes, done properly it is perfect possible for an employer to restrict where an employee can park and what means they may or may not use to travel to work. The only possible exception would be if the rules amounted to unlawful discrimination against a protected characteristic (most likely a disabled employee in this instance).

    As others have said it is largely a moot point here as the OP has less than two years service so, if the matter is important enough to the company, they could simply dismiss him.

    Similarly they could make it a condition of employment for any new employees.

    For employee with more than two years service it could be a little trickier to enforce and it would come down to whether it was a reasonable change to their terms and conditions. If the company was clearly going to suffer if employees keep parking in certain locations then it almost certainly would be reasonable for them to introduce such a rule.

    I live very close to an organisation that has about 100 employees on site and less than thirty parking spaces. Although they do not prohibit their staff from actually parking in the road, they do take disciplinary action against any employee who parks inconsiderately, regardless of whether it is actually illegal, for example even slightly obstructing dropped kerbs, parking partially on the verge or is in any way rude to local residents.

    Another large employer near me will not allow any staff to park within a mile unless they use a public car park. In practice most use the park and ride service from several miles out of town. They do have a special arrangement for the disabled and those recovering from sickness providing a doctor has suggested a reasonable adjustment.
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