A interesting parking situation

[Thankyou4calling]

I own a business in the Town Centre with a large customer car park.

Lot's park there who aren't customers and come and go. There's no charge.

The car park is walled and has a barrier, when the business closes staff pull the barrier down, there's no escape for any cars, they have to be left until the next day or longer if it's a Saturday.

Often the person shouts at the staff the next day saying they can't do that, it's illegal.

There are plenty of signs up saying customer parking only.

Am I within my rights to drop the barrier?

[anonymous-user]

If you own it (or lease it), and it's clearly signed as a private car park, then I can't see any issue.

If you haven't already, then a sign stating "This car park is locked at 17.00 PM" might reduce the problem.

[andburg]

copied from a prev thread

Breadvan72 said:

2. Yes, so long as the barrier was in place (open or shut, raised or lowered) when the vehicle was parked, and you have done something to obtain express or implied consent to the blocking of the vehicle, for example placing a prominent sign stating that the barrier may be closed at any time for an indefinite period.

you can lock them in but essentially seems your signs must say if/when the barrier is to be dropped or closed.

my boxing gym is over a business with a closed car park and signs saying no public parking, gates wil be closed outside of business hours which people tend to use on match day as its close to the ground, locked so many cars in lol

[Red Devil]

Thankyou4calling said:

I own a business in the Town Centre with a large customer car park.

Lot's park there who aren't customers and come and go. There's no charge.

The car park is walled and has a barrier, when the business closes staff pull the barrier down, there's no escape for any cars, they have to be left until the next day or longer if it's a Saturday.

Often the person shouts at the staff the next day saying they can't do that, it's illegal.

There are plenty of signs up saying customer parking only.

Am I within my rights to drop the barrier?

Yes, but you may not need to. A fixed barrier provides exemption to clamping - PoFA Section 54(3). And vehicle removal if necessary - PoFA Section 54(4). People who think neither of these things can ever be done on private land are wrong. You'll need appropriate, clear, unambiguous, and unmissable signage though.

If you do go down that route, you'll also probably need to be able to adduce reliable and persuasive evidence that those who have had their vehicle clamped/removed are not customers though (be careful if said evidence is not reasonably bullet-proof). You may find the parts of the judgement in Ibbotson re signage and customer status relevant (you'll need to read it in full to ensure you don't miss anything, plus the judge's comments to counsel are quite amusing too).

[anonymous-user]

You are mistaken. A private landowner cannot lawfully clamp or remove a vehicle. The landowner can lawfully use a barrier or gate, subject to express or implied consent of the driver.

I suggest that you read section 54 again, as at present you are misreading it.

Edited by anonymous-user on Thursday 4th December 09:30

[jet_noise]

Red Devil said:

<snip>
Ibbotson re signage and customer status relevant (you'll need to read it in full to ensure you don't miss anything, plus the judge's comments to counsel are quite amusing too).

judge to counsel said:

If there is another
case in the Shorpe County Court, Grimsby County Court or Hull County Court live by four pm on
Friday, you will be coming to see me and I suggest you bring a toothbrush. Am I clear?

regards,
Jet

[scarble]

That's a good read