Effective & legal ways of preventing parking in my car park?

Effective & legal ways of preventing parking in my car park?

Author
Discussion

Matt Sketch

Original Poster:

162 posts

134 months

Tuesday 26th August 2014
quotequote all
I'm sure this must have been covered before, so sorry if this is a repost.

I’ve recently opened a shop and as part of the property we have a car park at the rear for staff.
The property was vacant for quite a while so people have been using the car park for free parking, which is fair enough but now we are using it, the fact that people are parking there is causing us an issue with staff cars being blocked in.
I’ve put up new signs saying that it is a private car park and is in constant use. I’ve also been placing notes on the cars but they are just being ignored.

I’m not able to put up barriers and as far as I’m aware clamping is no longer legal, so wise hive mind of PH, what options do I have at my legal disposal?

Pib1978

68 posts

226 months

Tuesday 26th August 2014
quotequote all
Would 'temporary barriers' such as traffic cones or a removable chain be an option?

Staff would obvioulsy know to just get out and move the obstacle aside.

A casual chancer may just decide against just blatantly moving the barriers and parking where they know they shouldn't?

A wee photo of the parking and surrounding area might help?

Randomthoughts

917 posts

133 months

Tuesday 26th August 2014
quotequote all
Cones with a laminated 'offer' of parking for £50 for the day for everyone other than staff. They have to acknowledge these and physically move them, far more likely to stand up in court when someone tries to argue that they didn't agree to your terms.

9mm

3,128 posts

210 months

Tuesday 26th August 2014
quotequote all
If it's a staff car park what's preventing you using a chain and padlock?

Failing that, block the entrance with a staff member's car until the message gets through.

Fleegle

16,689 posts

176 months

Tuesday 26th August 2014
quotequote all
Turn the tables......block the offenders in

User33678888

1,142 posts

137 months

Tuesday 26th August 2014
quotequote all
Fleegle said:
Turn the tables......block the offenders in
Pretty much this. Years ago when I was an employee somebody (not from our office, stopped to get cash out and go shopping) took a senior management allocated space whilst he was out buying lunch. The guy whose space it was promptly blocked the other car in (and mine in the process, but said if I needed to get out just to let him know). The parker came into the office in quite a state, and didn't calm down much when she was told that he would be in meeting and unavailable for a hour or so. As much as I don't like watching people pull their hair out, it was becoming all too common at that office and this way they really didn't return.

scdan4

1,299 posts

160 months

Tuesday 26th August 2014
quotequote all
We've had a similar problem. The offenders mainly being repeat offenders from a shop a couple of doors down who, bluntly, didn't give a st.

I made some nice, clear A3 signs explaining that it was private and could they stop parking there (this was after talking to them a good few times, but being repeatedly ignored) and started sticking them onto the side window and windscreen.

Each time I had to "resticker" a car I increased the strength of adhesive tape used.

After the extra strong double sided carpet tape cut into 2 inch squares they stopped.

smile

Randomthoughts

917 posts

133 months

Tuesday 26th August 2014
quotequote all
scdan4 said:
We've had a similar problem. The offenders mainly being repeat offenders from a shop a couple of doors down who, bluntly, didn't give a st.

I made some nice, clear A3 signs explaining that it was private and could they stop parking there (this was after talking to them a good few times, but being repeatedly ignored) and started sticking them onto the side window and windscreen.

Each time I had to "resticker" a car I increased the strength of adhesive tape used.

After the extra strong double sided carpet tape cut into 2 inch squares they stopped.

smile
I would potentially avoid this, as I believe this can be construed as criminal damage. Deserved or not, you don't need to be dealing with that!

hondafanatic

4,969 posts

201 months

Tuesday 26th August 2014
quotequote all
User33678888 said:
Pretty much this. Years ago when I was an employee somebody (not from our office, stopped to get cash out and go shopping) took a senior management allocated space whilst he was out buying lunch. The guy whose space it was promptly blocked the other car in (and mine in the process, but said if I needed to get out just to let him know). The parker came into the office in quite a state, and didn't calm down much when she was told that he would be in meeting and unavailable for a hour or so. As much as I don't like watching people pull their hair out, it was becoming all too common at that office and this way they really didn't return.
This was out tactic. Block them in. Our release few was dependant on the weather. In summer it was orange Calipos. Winter tended to be a small coffee from the cafe next door. Or if they weren't up for any of that then it was a £5 donation to Age Concern who operated on the floor below us.

Most people went for the donation although one guy properly kicked off and started to get physical, until the other 4 blokes that worked in office came out of a meeting room. Seeing as we're all heavily built, goatee wearing directors with Red Bull on IV he backed down sharp'ish and stuck £5 in the charity pot on the way down.


tenpenceshort

32,880 posts

217 months

Tuesday 26th August 2014
quotequote all
User33678888 said:
Pretty much this. Years ago when I was an employee somebody (not from our office, stopped to get cash out and go shopping) took a senior management allocated space whilst he was out buying lunch. The guy whose space it was promptly blocked the other car in (and mine in the process, but said if I needed to get out just to let him know). The parker came into the office in quite a state, and didn't calm down much when she was told that he would be in meeting and unavailable for a hour or so. As much as I don't like watching people pull their hair out, it was becoming all too common at that office and this way they really didn't return.
This would now be an offence under s54(1)(b) of the Protection of Freedoms Act.

Perhaps the OP might invest in lockable bollards that can be raised/lowered at the entrance? Place signs at the entrance stressing the bollards may be raised or lowered at any time and that unauthorised parking is forbidden.

When you see someone parking in there who shouldn't be, raise the bollards. Just the realised threat of their car being immobile should be sufficient to stop them doing it again.

mybrainhurts

90,809 posts

255 months

Tuesday 26th August 2014
quotequote all
Stand in a corner with a hoodie and a jemmy....

Mr Taxpayer

438 posts

120 months

Tuesday 26th August 2014
quotequote all
You're not liable for accidental damage that is incurred against trespassers' property. Think "The management accepts no responsibility for any damage occured..." signs. You can only be held liable for personnal injury, not property damage. Criminal damage requires a proof of intent to damamge; very sticky signs, whilst a bugger to remove do not cause damage. IIRC carpet tape sticky residue comes off quite nicely with meths.

Shame the handy-man dropped a box of screws on his way into the building and didn't manage to pick them all up.


User33678888

1,142 posts

137 months

Tuesday 26th August 2014
quotequote all
tenpenceshort said:
User33678888 said:
Pretty much this. Years ago when I was an employee somebody (not from our office, stopped to get cash out and go shopping) took a senior management allocated space whilst he was out buying lunch. The guy whose space it was promptly blocked the other car in (and mine in the process, but said if I needed to get out just to let him know). The parker came into the office in quite a state, and didn't calm down much when she was told that he would be in meeting and unavailable for a hour or so. As much as I don't like watching people pull their hair out, it was becoming all too common at that office and this way they really didn't return.
This would now be an offence under s54(1)(b) of the Protection of Freedoms Act.

Perhaps the OP might invest in lockable bollards that can be raised/lowered at the entrance? Place signs at the entrance stressing the bollards may be raised or lowered at any time and that unauthorised parking is forbidden.

When you see someone parking in there who shouldn't be, raise the bollards. Just the realised threat of their car being immobile should be sufficient to stop them doing it again.
I'm not a lawyer, but how would doing it with bollards rather than a car make any difference in the eyes of the law? If it is the posted signs that make a difference, then post some saying unauthorised parking is forbidden and that they may end up being blocked in should cut it too.

54Offence of immobilising etc. vehicles

(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,

tenpenceshort

32,880 posts

217 months

Tuesday 26th August 2014
quotequote all
Ignore Mr. Taxman. He may mean well, but he is not offering good advice.

tenpenceshort

32,880 posts

217 months

Tuesday 26th August 2014
quotequote all
User33678888 said:
I'm not a lawyer, but how would doing it with bollards rather than a car make any difference in the eyes of the law? If it is the posted signs that make a difference, then post some saying unauthorised parking is forbidden and that they may end up being blocked in should cut it too.

54Offence of immobilising etc. vehicles

(1)A person commits an offence who, without lawful authority—
(a)immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or
(b)moves, or restricts the movement of, such a vehicle by any means,
You need to read s54(3).

anonymous-user

54 months

Tuesday 26th August 2014
quotequote all
Mr Taxpayer said:
You're not liable for accidental damage that is incurred against trespassers' property. Think "The management accepts no responsibility for any damage occured..." signs. You can only be held liable for personnal injury, not property damage. ...
A good example of pub lawyering, and therefore, of course, wrong.

OP, if you know who the repeat offenders are, you could, ultimately, threaten them with and even obtain an injunction, but I do not recommend ramping things up so high, at least not just now. A barrier that your staff can operate may be the best solution. Yes, it's a cost to your business, but dealing with selfishness and chancerdom does sometimes have a cost.




User33678888

1,142 posts

137 months

Tuesday 26th August 2014
quotequote all
tenpenceshort said:
You need to read s54(3).
Ah ok - sorry just read the bit you had mentioned. Thanks for clarifying.

Dixy

2,920 posts

205 months

Tuesday 26th August 2014
quotequote all
tenpenceshort said:
User33678888 said:
Pretty much this. Years ago when I was an employee somebody (not from our office, stopped to get cash out and go shopping) took a senior management allocated space whilst he was out buying lunch. The guy whose space it was promptly blocked the other car in (and mine in the process, but said if I needed to get out just to let him know). The parker came into the office in quite a state, and didn't calm down much when she was told that he would be in meeting and unavailable for a hour or so. As much as I don't like watching people pull their hair out, it was becoming all too common at that office and this way they really didn't return.
This would now be an offence under s54(1)(b) of the Protection of Freedoms Act.

Perhaps the OP might invest in lockable bollards that can be raised/lowered at the entrance? Place signs at the entrance stressing the bollards may be raised or lowered at any time and that unauthorised parking is forbidden.

When you see someone parking in there who shouldn't be, raise the bollards. Just the realised threat of their car being immobile should be sufficient to stop them doing it again.
I thought it was only an offence to demand money

mybrainhurts

90,809 posts

255 months

Tuesday 26th August 2014
quotequote all
Breadvan72 said:
A barrier that your staff can operate may be the best solution. Yes, it's a cost to your business, but dealing with selfishness and chancerdom does sometimes have a cost.
OP said:
I’m not able to put up barriers
whistle


anonymous-user

54 months

Tuesday 26th August 2014
quotequote all
Mr Taxpayer said:
Criminal damage requires a proof of intent to damamge; very sticky signs, whilst a bugger to remove do not cause damage.
Or subjective recklessness. The cost of removing something can be held to be damage. Graffiti will often come off with chemicals and no lasting damage to the wall, but it still can be criminal damage.