As I understand it the ban kicks in on private land tomorrow, althought “they” will issue PCN’s instead, which according to various threads on here can be safely ignored if not police/council issued…
Good people of this pleasant land 1
White van driving scumbags 0
This is great… But. Nobody ever answered definitively.
There’s a car park behind my house, I don’t know who OWNS it but it’s the doctors car park, it has electric gates.
If I park in there, can they do anything, block me in, lock the gates etc?
waynedl:
This is great… But. Nobody ever answered definitively.
There’s a car park behind my house, I don’t know who OWNS it but it’s the doctors car park, it has electric gates.
If I park in there, can they do anything, block me in, lock the gates etc?
The new law also prevents the impounding of vehicles which would effectively be done if they locked the gates to prevent you leaving
If the gates were always locked at the end of surgery and your car was inside then tough - you would have to wait until they opened for surgery again
ron9516:
But the new law now allows the pursuit of parking fines from the vehicle owner as well as the driver.
There has been a thread on here regarding parking fines at msa’s stating the fact if you ignore ticket they lose interest and go away, would this not be the same scenario?
waynedl:
This is great… But. Nobody ever answered definitively.
There’s a car park behind my house, I don’t know who OWNS it but it’s the doctors car park, it has electric gates.
If I park in there, can they do anything, block me in, lock the gates etc?
The new law also prevents the impounding of vehicles which would effectively be done if they locked the gates to prevent you leaving
If the gates were always locked at the end of surgery and your car was inside then tough - you would have to wait until they opened for surgery again
I don’t get ya… But they’re not always locked, they just go through spates.
Problem is, when the surgery is open, the surgery is on the other side of the road from the car park, so most people just park on the road, so when you come home to park, there’s no space on the road but the car park is empty. But if you park in there, they lock the gates locking your car in.
Any form of vehicle immobilisation is a criminal offence from the 1st of October… This means if you are prevented from using your vehicle through and form of immobilisation or removal, the person responsible can be arrested and charged by the police.
With respect to the chasing of the keeper if they fail to identify the driver within 28 days, all this means is that the drivier and the keeper can ignore the letters, instead of just the driver. The Parking firms still have to clear all the usual legal hurdles to get you in court and win.
So, just keep filing the threat-o-grams in the bin.
Two threads for you to read on the subject:
and
The parking industry has gone wild over the new legislation, because they’ve been made utterly powerless, but sadly will continue to survive because there will always be those stupid/frightened enough to pay up.
How long until the first MMTM about when he got lassoed by VOSA, and they had to remove it because it was in a services, and the police said this wasn’t allowed under this new law etc etc etc?
I have noticed on BBC news reports today, all they refer to is ‘cars’ not ‘vehicles’. Is it them not clarifying things properly or is there a distinction that has been overlooked…?
dar1976:
I have noticed on BBC news reports today, all they refer to is ‘cars’ not ‘vehicles’. Is it them not clarifying things properly or is there a distinction that has been overlooked…?
The actual law states In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
ROG:
waynedl:
I don’t get ya… But they’re not always locked, they just go through spates.
Putting it simply - the surgery cannot lock the gates for the sole purpose of keeping your car from being used
After some research, it says:
But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
So, even if the gate (fixed barrier) is open, they can still use it to lawfully restrict my vehicle
It seems, everytime I think I’ve sorted it with these buggers, there’s always a loophole that’ll be on their side - because they’re rich
bazza123:
I wonder what will happen to those £80 release fee’s in multi-story car parks when you lose your ticket?
The above makes sense because if you had a locked gate across your 2 car wide driveway which you normally kept open in the day but locked it at night for security and some numpty parked in it and then you came home and parked next to the other car followed by you locking the gates for security, would you think it fair that you should get up in the middle of the night to let them out or keep the gates unlocked which reduced your own night security ?
dar1976:
I have noticed on BBC news reports today, all they refer to is ‘cars’ not ‘vehicles’. Is it them not clarifying things properly or is there a distinction that has been overlooked…?
The actual law states In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
ROG:
waynedl:
I don’t get ya… But they’re not always locked, they just go through spates.
Putting it simply - the surgery cannot lock the gates for the sole purpose of keeping your car from being used
After some research, it says:
But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.
So, even if the gate (fixed barrier) is open, they can still use it to lawfully restrict my vehicle
It seems, everytime I think I’ve sorted it with these buggers, there’s always a loophole that’ll be on their side - because they’re rich
bazza123:
I wonder what will happen to those £80 release fee’s in multi-story car parks when you lose your ticket?
see above about the barrier
It’s only private clamping that has been out lawed.
The council, police, vosa, DVLA, customs etc can still clamp and impound vehicles were ever they are.
grumpybum:
Sorry for the resurrection, but does this also mean that we can park in the coach bays if the lorry park is full, without fear of being clamped?
grumpybum:
Sorry for the resurrection, but does this also mean that we can park in the coach bays if the lorry park is full, without fear of being clamped?