UK Legal question: Parking on private property?
Please no guess work.
If someone is persistently parking on private property, what rights does the land owner have? There is a sign that clearly states "Private property, No Parking, No Turning" but does not state any enforcement action.
1) Can the land owner lock the gate knowing the car is parked there and will be locked in?
2) Can the land owner have the vehicle removed?
3) If the land owner see's the man parking the car and asks him to remove it as he is trespassing. Is it a Police matter when he refuses to do so?
4) Can the owner / driver of the car be prosecuted for civil trespass?
5) Any other ideas?
Answers:
Jackie M above, would you please stop saying there are no trespassing laws in Scotland! I've seen you do that before and it's just not true. it's just a common public misconception.
If you're in Scotland, I'll summarise your legal position. It will be different if you are in England, and if so ignore my advice.
1) No, you cannot lock the gate knowing the car will be locked in - this is unlawfully detaining the owner of his property and is a form of theft in Scotland! Furthermore, you cannot clamp in Scotland - that's a form if theft following a case called Carmichael v Black.
2) Having the vehicle removed is a grey area...if they would have to pay a fee before they get it back, that would be a form of theft again (before anyone shouts and screams that Local Authorities can do this in Scotland, that's because they have statutory powers which allow them to do so - individuals do not). So removing the car is pretty much out.
3)It isn't really a police matter if they refuse to not park. However, you could threaten to phone the police if they argue back to you, saying that it was breach of the peace.
4)Yes. Civil trespass would be an option, and contrary to what Jackie M says above, it does exist in Scotland. You could pursue an action for defence of your posession of land in response to a trespass.
The only defence open to the trespasser would be that of implied consent. And you've already got a sign up saying no parking etc, so they can't use that. it doesn;t matter than you don't state enforcement action, as you have all those open to you that the law would allow.
So then we would look at what remedy you could get. Probably not damages as haven't really suffered any loss to be compensated for. You could pursue an action for interdict - which would basically be a court order against the person not to park on your property.
So, my summary of the legal position in Scotland. No clamping or locking them in. They're trespassing, you've got a sign up, so tell them if they do it again you'll start civil proceedings. Maybe just say, look you can park on my land for £5 a go?
Or, lock the gate from the outside with a padlock that requires a key?
Good luck - I hate people who abuse other's property.
It isn't a Police matter and is down to you to seek resolution. How ever, I'm not sure what you are legally entitled to do.
Someone has parked on my land, what can I do?
As the vehicle is on private land, it is for you (or the owner of the land) to resolve the issue.
The following suggestions may help you:
* Make local enquiries to see if you can trace the driver or get information about when the vehicle was left.
* Seek legal advice from your solicitor or from your local Citizen's Advice Bureau.
This seems to me to be a Civil matter which the Police will rarely get involved in..... unless you turn the matter into a Criminal one..
I submit this answer under - 5)Any other ideas?
Set up a video camera, when the car is parked on your property, close the gates and see what the car owner does. If, as you say, there are notices to say its private property(you could add to it and say that the gates will be closed on public vehicles) then see what the owner of the car does. And you have it all on camera!
(*You may also want to make a sign which indicates CCTV is in operation*)
JB try this link and find out
http://www.google.co.uk/search?hl=en&sa=...
http://www.google.co.uk/search?hl=en&sa=...
Nobody can be "Prosecuted for Trespass".
The trespasser can only be sued for any damages caused while trespassing. These may be physical (damage to the ground of boundary); or causing some problem with the landowner's access causing some loss or inconvenience to the landowner; or some other damage (mental stress ?).
The landowner may lock the gate in order to keep the parked vehicle until damages (awarded by a civil court) are paid.
The landowner may not put a clamp on the vehicle, or have it removed, as this becomes "Aggrevated Trespass" on the car owner's property (the car) by the landowner.
The first thing to establish is: what damage is being caused by the trespass?
If you can't really make a case for damages, then it's best to use the gate to prevent this type of problem.
Rather than lock the car in after it's parked, why not lock the gate before the car arrives and then he won't be able to get in?
1, the landowner is NOT allowed to lock the gate and not let the person leave. Only the Police have powers of detention.
2, The landowner can have the vehicle removed, as long as it is done professionally using a registered vehicle removal company.
3 If the landowner sees the person parking and asks them to leave and they refuse to do so, it is NOT a matter for the Police. It is a civil matter and can be enforced by a solicitors letter and if needed, civil action.
4 Yes the driver CAN be prosecuted for civil trespass if a civil action is taken out against them by the land owner.
5, Negotiation is ALWAYS the best way. Maybe the landowner can allow the driver to park on their land for a small fee. That way everybody wins.
Parking a car on someone else's land is trespassing. If the land is clearly designated as private, you can claim damages for any costs or inconvenience you incur.
You are within your rights to impound the car by locking the gate and you can charge a reasonable fee for releasing it. Don't expect the car owner to accept this politely.
The most effective course of action is to put a note under the windscreen wiper (use your computer to make it look as official as possible) pointing out that the car has been parked on private property and that if it is left there again, the car will be removed and scrapped. You're unlikely to see it again.
lock the gate first and i reckon that should work, if not put a pasted sticker on his winscreen thats very hard to get off, stating. you are parking on private property, look at it this way he cant claim on his insurance, id let his tyres down, i hate ignorant people, or impose a parking charge, yes you are within your rights to call the police and say there is an abandoned vehichle on your property, so yes you can have it removed, personally i would try the locking up, short sharp shock never hurt anyone, good luck .
depends which area in the UK you are in. In Scotland there is no trespassing laws. If you install CCTV cameras I dont see that would help as you only have a recording of it. I suggest you ask the police for the answer.
This sounds like a civil matter, but you don't say how long this has been going on. If he has been parking unchallenged for some while, in law he has rights too. This also follows that the longer you leave this issue with-out resolution, the more likely it is to become HIS right to park there!
Don't try and remedy this on 'answers', commit to some local legal advice and make judgements based on that.
You also don't say whether he is causing an obstruction or a danger to anyone, or what the detailed circumstances are.
Quick remedy, get something to park there permanently; but first check that he does not have a legal right to park there or it could be YOU in trouble!
The LAW is useless. For this one you will have to fight your own battle.
I have a friend who had much the same experience. There was a major sports event in his area. Some scum bag parked in his driveway. So he parked his own car in behind the guys car blocking him in. When the guy knocked on the door and asked
my friend to move his car he said I cant as its not mine, I guess you will have to wait. He made the guy wait an hour before moving his car. (My friend is a big guy so I guess his size helped.)
As far as I am concerned they are selfish people.
Smash their windows and tell them it was a bunch of kids but you wont help him as the kids already know were you live.
First you can have the car removed, then lock the gate, in that order you don't want unecessary confrontation.
If that person still insists on parking the vehicle on your property, my suggestion is inform the police, they wil deal with for you.
If he refuses to stop parking there the police will deal with that matter too why waste your money taking him to court, if he cause damage to you property then you have the right to compensation for the repairs.
Yes the driver can be prosecuted for trespass the police will do that for you too.
1) You could legally lock the gate.
2) Yes the land owner could have the vehicle removed.
3) Yes the land owner could call the police and have the vehicle removed.
4) Yes the owner of the car/vehicle could be prosecuted for civil trespass.
5) You could put up a clear notice that says "Any vehicle parking on this private property without permission will have the wheels clamped".
Just to clarify this IS NOT a police matter.There is nothing illegal about locking a gate with a car inside if it is clearly signed area it does not come under the Theft Act as there is no intent to permanently deprive the owner of the vehicle this is common sense do you think the owners of large commercial car park would leave it unlocked until one owner returned to their car?..Trespass is not an offence and the police wont deal with it for you.You could have it towed at your expense but where to?if you move it onto a road you could be liable for causing an obstruction and most private companies would wouldn't do it because of recovering expenses and they wont become involved unless it is a police request to recover a vehicle which will not happen here.It seems the best advice given here is to close the gate and allow only those with approved access in.
search for positive answers to you questions !
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: