How do i deter non-customers from using a private car park?
My business (a doctor's surgery) is very close to a busy town centre and has its own car park for staff and patients. However we get numerous complaints from patients saying that parking is always a problem as they can never find a space.
Due to our proximity to the town centre I suspect we get many people who either use it as a 'free', convenient car park for town or do use the surgery but then walk into town afterwards before moving their car. We are also located just before a traffic-heavy one-way system so again i suspect many use our car park to pick up or drop off those going into town without entering the one-way system.
What methods are we legally able to employ to prevent or deter such cases?
Due to our proximity to the town centre I suspect we get many people who either use it as a 'free', convenient car park for town or do use the surgery but then walk into town afterwards before moving their car. We are also located just before a traffic-heavy one-way system so again i suspect many use our car park to pick up or drop off those going into town without entering the one-way system.
What methods are we legally able to employ to prevent or deter such cases?
Asked on 19 June 2011 by jc12345
Answered by
Honest John
These are the relevant clauses of the Protection of Freedoms Bill currently before Parliament. It seems to say that if you put a barrier or gat on the carpark, even if you never actually close it, you can impose a clamping regime on the carpark, but you must give clear warning of the terms by which people may park there:
CHAPTER 2
VEHICLES LEFT ON LAND
Offence of immobilising etc. vehicles
54 Offence 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,
intending to prevent or inhibit the removal of the vehicle by a person otherwise
entitled to remove it.
(2) The express or implied consent (whether or not legally binding) of a person
otherwise entitled to remove the vehicle to the immobilisation, movement or
restriction concerned is not lawful authority for the purposes of subsection (1).
(3) Subsection (2) does not apply where—
(a) there is express or implied consent by the driver of the vehicle to
restricting its movement by a fixed barrier, and
(b) the barrier was present (whether or not lowered into place or otherwise
restricting movement) when the vehicle was parked.
(4) A person who is entitled to remove a vehicle cannot commit an offence under
this section in relation to that vehicle.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to a fine,
(b) on summary conviction, to a fine not exceeding the statutory
maximum.
(6) In this section “motor vehicle” means a mechanically propelled vehicle or a
vehicle designed or adapted for towing by a mechanically propelled vehicle.
Alternative remedies in relation to vehicles left on land
Alternative remedies in relation to vehicles left on land
55 Extension of powers to remove vehicles from land
(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles
illegally, obstructively or dangerously parked, or abandoned or broken down)
is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “road” insert “or other land”,
(b) in paragraph (b)—
(i) after “road”, where it appears for the first time, insert “or other
land”, and
(ii) after “road”, where it appears for the second time, insert “or
land concerned”,
(c) in paragraph (c) for “, or on any land in the open air,” substitute “or
other land”, and
(d) at the end insert “or other land”.
30
35
40
Protection of Freedoms Bill
Part 3 — Protection of property from disproportionate enforcement action
Chapter 2 — Vehicles left on land
39
(3) In subsection (2)—
(a) in paragraph (a), after “road”, where it appears for the third time, insert
“or on land other than a road”, and
(b) after paragraph (a), insert—
“(aa) may provide, in the case of a vehicle which may be
removed from land other than a road, for the moving of
the vehicle from one position on such land to another
position on such land or on any road;”.
56 Recovery of unpaid parking charges
Schedule 4 (which makes provision for the recovery of unpaid parking charges
from the keeper of a vehicle in cases where it is not known who was driving
the vehicle when the charges were incurred) has effect.
CHAPTER 2
VEHICLES LEFT ON LAND
Offence of immobilising etc. vehicles
54 Offence 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,
intending to prevent or inhibit the removal of the vehicle by a person otherwise
entitled to remove it.
(2) The express or implied consent (whether or not legally binding) of a person
otherwise entitled to remove the vehicle to the immobilisation, movement or
restriction concerned is not lawful authority for the purposes of subsection (1).
(3) Subsection (2) does not apply where—
(a) there is express or implied consent by the driver of the vehicle to
restricting its movement by a fixed barrier, and
(b) the barrier was present (whether or not lowered into place or otherwise
restricting movement) when the vehicle was parked.
(4) A person who is entitled to remove a vehicle cannot commit an offence under
this section in relation to that vehicle.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to a fine,
(b) on summary conviction, to a fine not exceeding the statutory
maximum.
(6) In this section “motor vehicle” means a mechanically propelled vehicle or a
vehicle designed or adapted for towing by a mechanically propelled vehicle.
Alternative remedies in relation to vehicles left on land
Alternative remedies in relation to vehicles left on land
55 Extension of powers to remove vehicles from land
(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles
illegally, obstructively or dangerously parked, or abandoned or broken down)
is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “road” insert “or other land”,
(b) in paragraph (b)—
(i) after “road”, where it appears for the first time, insert “or other
land”, and
(ii) after “road”, where it appears for the second time, insert “or
land concerned”,
(c) in paragraph (c) for “, or on any land in the open air,” substitute “or
other land”, and
(d) at the end insert “or other land”.
30
35
40
Protection of Freedoms Bill
Part 3 — Protection of property from disproportionate enforcement action
Chapter 2 — Vehicles left on land
39
(3) In subsection (2)—
(a) in paragraph (a), after “road”, where it appears for the third time, insert
“or on land other than a road”, and
(b) after paragraph (a), insert—
“(aa) may provide, in the case of a vehicle which may be
removed from land other than a road, for the moving of
the vehicle from one position on such land to another
position on such land or on any road;”.
56 Recovery of unpaid parking charges
Schedule 4 (which makes provision for the recovery of unpaid parking charges
from the keeper of a vehicle in cases where it is not known who was driving
the vehicle when the charges were incurred) has effect.
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