Parking enforcement using a private company
Discussion
I'm sure people will state "ask the company". Still, I wanted to know the legalities of having a private company enforce parking on a private estate either by fining or towing vehicles away.
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
Welcome to the joys of people who PLAC.
I think you might find it tricky - I assume you're OK for residents to park there and legitimate visitors? How would the Parking Enforcement people know who was legitimate and who was a PLACer ? Bear in mind a lot of the companies use ANPR/CCTV nowadays rather than an old fashioned Warden walking around. (This means access has to be limited)
I think you might find it tricky - I assume you're OK for residents to park there and legitimate visitors? How would the Parking Enforcement people know who was legitimate and who was a PLACer ? Bear in mind a lot of the companies use ANPR/CCTV nowadays rather than an old fashioned Warden walking around. (This means access has to be limited)
My girlfriend lives in a complex which has its own gated car park for the residents to park in. The residents were getting fed up with non-residents parking there (gates were auto open) that the property management has now instructed Parking Eye to take over looking after it. They have now installed ANPR cameras on the entrance and exit, have instructed residents to log their numberplates with Parking Eye (their responsibility) and to tell visitors that they also have to log their plates on a tablet in the foyer area.
Parking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
Parking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
Du1point8 said:
I'm sure people will state "ask the company". Still, I wanted to know the legalities of having a private company enforce parking on a private estate either by fining or towing vehicles away.
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
I think you can neither fine people nor tow their cars away.We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
BertBert said:
I think you can neither fine people nor tow their cars away.
With landowner permission you can invoice people for breach of terms in some cases.Can't tow need to DVLA/TFL or other approved debt recovery agent with a court validated debt.
Private towing and clamping was stopped years ago.
Camaro said:
My girlfriend lives in a complex which has its own gated car park for the residents to park in. The residents were getting fed up with non-residents parking there (gates were auto open) that the property management has now instructed Parking Eye to take over looking after it. They have now installed ANPR cameras on the entrance and exit, have instructed residents to log their numberplates with Parking Eye (their responsibility) and to tell visitors that they also have to log their plates on a tablet in the foyer area.
Parking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
Surely the obvious thing would be to activate access controlled gates by fob or similar. Removing the gates will not make it any better but may increase the income Parking Eye generate by transgressorsParking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
pavarotti1980 said:
Surely the obvious thing would be to activate access controlled gates by fob or similar. Removing the gates will not make it any better but may increase the income Parking Eye generate by transgressors
Exactly this. Far easier to stop people parking in the first place, rather than let them park and then fine them afterwards.
Although of course this doesn't generate any money!
Yellow Lizud said:
pavarotti1980 said:
Surely the obvious thing would be to activate access controlled gates by fob or similar. Removing the gates will not make it any better but may increase the income Parking Eye generate by transgressors
Exactly this. Far easier to stop people parking in the first place, rather than let them park and then fine them afterwards.
Although of course this doesn't generate any money!
Sadly, it’s those same people that simultaneously create the need and then complain about being caught, that should be penalised. Yet they always find a loophole and drag genuinely innocent others down with them.
It has always been that way though
- why do we have speed humps?
- why do we have average speed cameras
Etc.
If it's really blighting residents, then a ppc is the way to make it hassle for them.
You'll just have to remind residents that they wanted this when they are inevitably caught out by the ppc for a minor transgression.
- why do we have speed humps?
- why do we have average speed cameras
Etc.
If it's really blighting residents, then a ppc is the way to make it hassle for them.
You'll just have to remind residents that they wanted this when they are inevitably caught out by the ppc for a minor transgression.
Camaro said:
My girlfriend lives in a complex which has its own gated car park for the residents to park in. The residents were getting fed up with non-residents parking there (gates were auto open) that the property management has now instructed Parking Eye to take over looking after it. They have now installed ANPR cameras on the entrance and exit, have instructed residents to log their numberplates with Parking Eye (their responsibility) and to tell visitors that they also have to log their plates on a tablet in the foyer area.
Parking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
I will take a bet. Removing the barrier will increase the number of non residents parking there so making parking more difficult for residents but PE will make more money.Parking Eye also want to remove the gates, as this will limit the number of people they can 'catch' as stated by the operators installing the cameras.
Will be interesting to see how this progresses, oh and as there is only one car parking allocation per flat, if I visit I have to make the trip to the foyer everytime to register my plate.
My daughter’s flat has a private company enforcing parking as the block is near the high street and a train station and subject to abuse otherwise.
Every resident gets a permit for one car to park on site. Any car without a permit has to have a visitors pass showing which allows you to park for 3 hours max no return same day.
It’s a total PITA. As I was renovating the flat I asked what happened about tradespeople visiting for more than 3 hours. I was told to tell the managing agents the registration in advance, but every time I have done this the tradesmen have got tickets. Cue angry messages. I tell them to appeal, the parking company ignore the appeal. Eventually I have to get the managing agents involved, but sometimes the parking company ignore them and continue to escalate the invoices to debt collectors, ratcheting up the cost. I’ve managed to get them all cancelled eventually but it’s a battle.
I myself have got a ticket, which I’ve had to pay, because I left my permit in the seat not the dashboard. The parking company have no allowance for a resident.
If you hand over control of the parking then do not think the enforcement company work for the residents. They do not. They work for themselves and treat the land as a revenue opportunity - residents who are entitled to park but fall foul of their regulations will get an invoice regardless. They ignore their own processes and simply discount all appeals.
It’s really hard because without parking being enforced the flats had a real problem with entitled prick interlopers, but they don’t enforce just non-residents, they enforce anyone they can, on any basis.
I’m going to try negotiations with other parking companies to see if they will allow leniency to residents who make odd mistakes, but I’ve been told they all impose their rules on the private land and treat them as non-negotiable.
Every resident gets a permit for one car to park on site. Any car without a permit has to have a visitors pass showing which allows you to park for 3 hours max no return same day.
It’s a total PITA. As I was renovating the flat I asked what happened about tradespeople visiting for more than 3 hours. I was told to tell the managing agents the registration in advance, but every time I have done this the tradesmen have got tickets. Cue angry messages. I tell them to appeal, the parking company ignore the appeal. Eventually I have to get the managing agents involved, but sometimes the parking company ignore them and continue to escalate the invoices to debt collectors, ratcheting up the cost. I’ve managed to get them all cancelled eventually but it’s a battle.
I myself have got a ticket, which I’ve had to pay, because I left my permit in the seat not the dashboard. The parking company have no allowance for a resident.
If you hand over control of the parking then do not think the enforcement company work for the residents. They do not. They work for themselves and treat the land as a revenue opportunity - residents who are entitled to park but fall foul of their regulations will get an invoice regardless. They ignore their own processes and simply discount all appeals.
It’s really hard because without parking being enforced the flats had a real problem with entitled prick interlopers, but they don’t enforce just non-residents, they enforce anyone they can, on any basis.
I’m going to try negotiations with other parking companies to see if they will allow leniency to residents who make odd mistakes, but I’ve been told they all impose their rules on the private land and treat them as non-negotiable.
Edited by PhilboSE on Wednesday 3rd July 18:31
Du1point8 said:
I'm sure people will state "ask the company". Still, I wanted to know the legalities of having a private company enforce parking on a private estate either by fining or towing vehicles away.
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
First thing is do not ask the PC most seem to have little idea of the law.We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
The legal position will very much depends on how the residents right to park is documented. If space is allocated in the properties lease then they have to agree to the change individually.
It's unlikely there will be any legal comeback but he prepared for lots of complaints as resident, their visiting friends, relatives, trade people, and delivery drivers all get tickets.
Your aim is to reduce non resident parking employing a company who only makes money from non residents parking may not be a good idea.
Yellow Lizud said:
pavarotti1980 said:
Surely the obvious thing would be to activate access controlled gates by fob or similar. Removing the gates will not make it any better but may increase the income Parking Eye generate by transgressors
Exactly this. Far easier to stop people parking in the first place, rather than let them park and then fine them afterwards.
Although of course this doesn't generate any money!
C4ME said:
Having lived somewhere with a shared private back lane that had the same problem, the residents engaged a company to do this. My observation is the company have to have a clear contract with the titled owner of the land to be willing to do this. Said scheme eventually failed at the point someone challenged the enforcement due to the land ownership being unclear.
Who owns the road or parking areas where you want to enforce restricted parking?
Who challenged it? One of people who lived on the lane, or someone from outside who simply wanted to park on the private lane they didn’t own?Who owns the road or parking areas where you want to enforce restricted parking?
I’m guessing the latter , who either knew in advance what the loophole was, or was advised on how to game the system. Possibly by someone on forum just like this.
C4ME said:
Having lived somewhere with a shared private back lane that had the same problem, the residents engaged a company to do this. My observation is the company have to have a clear contract with the titled owner of the land to be willing to do this. Said scheme eventually failed at the point someone challenged the enforcement due to the land ownership being unclear.
Who owns the road or parking areas where you want to enforce restricted parking?
The residents of the building maintain all the land and roads onsite.Who owns the road or parking areas where you want to enforce restricted parking?
Mrr T said:
Du1point8 said:
I'm sure people will state "ask the company". Still, I wanted to know the legalities of having a private company enforce parking on a private estate either by fining or towing vehicles away.
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
First thing is do not ask the PC most seem to have little idea of the law.We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
The legal position will very much depends on how the residents right to park is documented. If space is allocated in the properties lease then they have to agree to the change individually.
It's unlikely there will be any legal comeback but he prepared for lots of complaints as resident, their visiting friends, relatives, trade people, and delivery drivers all get tickets.
Your aim is to reduce non resident parking employing a company who only makes money from non residents parking may not be a good idea.
Carers, works vans and the like will be under a very specific visitor permit system run by the directors, other than that its 1 permit per flat and no more.
Du1point8 said:
Mrr T said:
Du1point8 said:
I'm sure people will state "ask the company". Still, I wanted to know the legalities of having a private company enforce parking on a private estate either by fining or towing vehicles away.
We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
First thing is do not ask the PC most seem to have little idea of the law.We are on a private estate for residents only, yet we have "external" people use our space as a free car park or a more secure parking space than the road to leave their cars.
I want to stop this and remove said offenders from the estate and so want to utilise a 3rd party company to do this, but want to know if any of these external parkers can come back and try to claim off the estate, os is it clear and dry, just do it and enjoy an easier life parking there?
The legal position will very much depends on how the residents right to park is documented. If space is allocated in the properties lease then they have to agree to the change individually.
It's unlikely there will be any legal comeback but he prepared for lots of complaints as resident, their visiting friends, relatives, trade people, and delivery drivers all get tickets.
Your aim is to reduce non resident parking employing a company who only makes money from non residents parking may not be a good idea.
Carers, works vans and the like will be under a very specific visitor permit system run by the directors, other than that its 1 permit per flat and no more.
Parking on private land, excluding regulated land, falls under law of contract. So requires offer, acceptance and consideration. If you do not offer parking there can be no contract and the invoice has no legal validity.
Mrr T said:
Parking on private land, excluding regulated land, falls under law of contract. So requires offer, acceptance and consideration. If you do not offer parking there can be no contract and the invoice has no legal validity.
Parking on private land falls under both the law of contract and trespass. Liability can arise from a) a charge for the service b) a charge for a breach of contract or c) a charge for trespass.
They all have one thing in common. The driver agrees to the charge by reading the sign or having ought to have read the sign, the information on the sign being adequate, and the driver parking.
Zeeky said:
Mrr T said:
Parking on private land, excluding regulated land, falls under law of contract. So requires offer, acceptance and consideration. If you do not offer parking there can be no contract and the invoice has no legal validity.
Parking on private land falls under both the law of contract and trespass. Liability can arise from a) a charge for the service b) a charge for a breach of contract or c) a charge for trespass.
They all have one thing in common. The driver agrees to the charge by reading the sign or having ought to have read the sign, the information on the sign being adequate, and the driver parking.
The fact remains a no parking sign cannot create a contract.
A sign is required if the landowner seeks to rely on an agreed sum for damages for trespass.
If it isn't possible to agree a sum for damages for trespass, landowners would have failed to recover the charge in the clamping cases. Although clamping is now illegal the recovery of the charge for the trespass is not.
The only requirement is that the charge is reasonable.
Where there is enforcement by a third-party business a reasonable sum is likely to be significantly higher than if one was not employed.
If it isn't possible to agree a sum for damages for trespass, landowners would have failed to recover the charge in the clamping cases. Although clamping is now illegal the recovery of the charge for the trespass is not.
The only requirement is that the charge is reasonable.
Where there is enforcement by a third-party business a reasonable sum is likely to be significantly higher than if one was not employed.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff