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spittingimage
22nd Aug 2008, 10:00
So you come home from a day at the office to your little flat (apartment) drive round the corner and find someone has parked their car in your allocated communal parking bay. :mad: It is not a car you recognise as being a neighbour's and it is still there the next day. And the next. The car park is private property with very limited 'visitor' parking.

What do you do ? How do you get rid of it ? What is the legal position ?

MacBoero
22nd Aug 2008, 10:11
I don't know the definite answer, but you might try asking the legal eagles on PePiPoo.com forums. They normally deal with getting justice for motorists who have received parking fines, PCNs, speeding fines and NIPs. They may know some sort of legal course of action for you. One thing you will find out though is that if the land is private land, any parking enforcement service (i.e. contracted company to provide parking enforcement, like ticketing and clamping) is not legally enforceable, i.e. anyone getting a ticket can simply ignore it and any following correspondence. If such a service is operating then it might encourage some action. Alternatively report the car as abandoned to the council.

419
22nd Aug 2008, 10:14
I've no idea how quickly you can expect an answer, but you could always try here.

reception — law answers (http://www.lawanswers.co.uk/reception)

You could try reporting it to your local council as an abandoned vehicle, and see what they say. This can also be done online.

:: Community Fix :: Helping to keep your community clean & safe (http://www.communityfix.co.uk/?gclid=CPmUlLWOoZUCFQtStAodnSWRxA)

Cron
22nd Aug 2008, 10:26
If you are in a flat then you are paying maintenence charges to a management company/agent who either own the land that your car park is on or manage it.

We had a similar problem in my block - in this case it was a resident from an adjacent street who thought out patch was a free for all.

We reported the reg number to our management company and eventually all received a letter saying matter solved.

That's what you are paying them for - to manage. Give them a try.

Whirlygig
22nd Aug 2008, 11:04
It's private land so there is not much legal recourse. The police may (or they may not) help you trace the owner and a stiff letter may help.

If you can move the vehicle without any damage, then try and get it on the road and report it abandoned then. If you can't move the vehicle without damaging it, that would be criminal damage.

If you report the vehicle as abandoned, any costs of removal will have to be borne by the landowner (i.e. the management company who owns the freehold who will then put up your management fee).

Tricky.

Cheers

Whirls

27mm
22nd Aug 2008, 12:24
Why not clamp it?

419
22nd Aug 2008, 13:31
This was found on West Midlands police info site. I've deleted a few bits which aren't really relevant.
Unless there are signs warning of possible clamping, spittingimage could well drop themselves in the cack if they do clamp the offending vehicle.


Motor Vehicles - Wheel Clamping of Motor Vehicles on Private Land

1. Police officers are frequently called to deal with disputes between motorists and private contractors arising from the wheel clamping of motor vehicles, which have been parked without permission on private land. The primary concern of a police officer called to such an incident should be to prevent a breach of the peace.

2. Where there are adequate signs clearly displayed on private land to the effect that vehicles parked without consent will be clamped, and stating the fee required for the clamp to be removed, then the act of clamping the vehicle will probably be lawful.


4. Where damage is caused to the clamp, any removal of the clamp in a situation where signs are adequately displayed could amount to theft. However, to prove an offence of theft requires evidence as to the intention of the accused.

5. Possible criminal offences committed by the clamper may include damage to the vehicle, if achieved through any reckless or deliberate act, or Blackmail, where the demands are extortionate and menacing. .

9. Where clamping has taken place on private land where signs are not clearly displayed, then the act of clamping a vehicle may be unlawful, leaving the clamping company liable in civil law.

traveler
22nd Aug 2008, 13:34
???

Why don't you park yours behind it to block it --| Then ring your neighbors doorbells till you find you owner and ask them kindly to buzz off their wheels ??

parabellum
22nd Aug 2008, 13:43
or report it as a suspected car bomb? No, perhaps not, but it would get instant attention, as would you!

After about two days I would buy a strong tow rope and then gently tow it out onto the street and leave it with a few bollards around it. Have you put a polite notice under his wiper? There is a vague chance he/she is wondering around a similar block convinced they parked their car, (or a borrowed car) in the right place but can't find it now they are sober/it is daylight.
A possible is that a friend drove the owner to the airport and returned their car, couldn't find or didn't know the owner's correct spot so put it in the first available. Try every way known to man to move it, without damage, to a safe place, have you tried the AA or RAC for advice?

Standard Noise
22nd Aug 2008, 13:54
Sod it, nip out at 3am, put the window through, set the alarm off, nick the tax disc and call the cops. They might try to trace the owner and will be very interested in the lack of a tax disc, even more so if the owner drives it onto the public highway.
Not what I'd do you understand. Lordy no, I have a tow rope and a Disco, problem solved.

Did I mention my professional rate?:E

Or you could let the tyres down and stick a note on the windscreen saying 'Anyone engaged in unauthorised parking on this land may find it a deflating experience!'.

Hyph
22nd Aug 2008, 15:07
For just 2.50 DVLA will tell you who owns the offending car. :ok:

You have to request this information in writing and explain exactly why you need to know - somewhat inconvenient but it's their way of preventing abuse of the system.

Overdrive
22nd Aug 2008, 16:17
For just 2.50 DVLA will tell you who owns the offending car. http://static.pprune.org/images/smilies/thumbs.gif

You have to request this information in writing and explain exactly why you need to know - somewhat inconvenient but it's their way of preventing abuse of the system.



I think charging money for people's private details is the abuse.

spittingimage
22nd Aug 2008, 20:22
Thanks folks ! I knew I could rely on you to come up with something worth trying. So, I have a range of potential remedies now from the tentative through assertive to the most probably downright illegal. Excellent !

Of course, it is now a Bank Holiday weekend so any progress is likely to be slow. But the (incomplete) list of flat-dwellers has been emailed as a first tactic and the police consulted just to see if the car had been reported stolen, but it had not.

A neighbour has offered his enthusiastic services to help turn the car onto its roof :eek: but we will give some of the possibly less controversial tactics some time to bear fruit first. You will understand that I am reluctant to provoke a perhaps disproportionate response from the perpetrators.

Will keep you informed.

SI

spittingimage
31st Aug 2008, 11:12
Follow up as promised.

The email to all residents bore fruit. A new tenant had been told the wrong parking bay and all was sorted amicably within a few days. Bit of a damp squib really (phew !).

Another neighbour was not so lucky some while back and it took him 2 months to get the offending (abandoned) car moved.

Thanks for all advice given.

SI