Parking enforcement using a private company

Parking enforcement using a private company

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Du1point8

Original Poster:

21,627 posts

195 months

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?

Countdown

40,420 posts

199 months

Tuesday
quotequote all
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)

Camaro

1,421 posts

178 months

Tuesday
quotequote all
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.

BertBert

19,253 posts

214 months

Tuesday
quotequote all
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.

Responder.First

124 posts

6 months

Wednesday
quotequote all
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.


pavarotti1980

5,124 posts

87 months

Wednesday
quotequote all
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 transgressors

Yellow Lizud

2,429 posts

167 months

Wednesday
quotequote all
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!

Tommo87

4,304 posts

116 months

Wednesday
quotequote all
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!
The OP wouldn’t need to even have a parking enforcement company if there weren’t people in this world abusing the situation.

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.

Ian Geary

4,585 posts

195 months

Wednesday
quotequote all
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.

Mrr T

12,476 posts

268 months

Wednesday
quotequote all
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.

PhilboSE

4,498 posts

229 months

Wednesday
quotequote all
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.

Edited by PhilboSE on Wednesday 3rd July 18:31

Mrr T

12,476 posts

268 months

Yesterday (08:46)
quotequote all
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.

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.

Camaro

1,421 posts

178 months

Yesterday (16:03)
quotequote all
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!
Yep, they had a fob system in place, except there were people who would pull up to the gates without a fob and either way for someone to leave or someone to arrive and just drive in. There have also been situtation where the firealarm has been set off by some folks, this automatically opens the gates and allows someone to park, this has been recorded and seen happening a couple of times.

C4ME

1,265 posts

214 months

Yesterday (16:16)
quotequote all
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?

Tommo87

4,304 posts

116 months

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?

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.