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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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Ive just started to attend a gym situated on a local trading

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I've just started to attend a gym situated on a local trading estate. The car parking areas immediately outside the gym are quickly filled so I have occasionally parked in another area on the estate. This is an area, not marked by white lines, but against a wall, opposite a line of businesses, each of which has white line parking outside. There is ample space for the movement of vehicles between those marked parking spaces and where I park - i.e. my parking does not impede the flow of traffic to those businesses. However, today I discovered a notice on my windscreen, informing me that "This area is for ------ and ------- (naming 2 of the businesses) customers and not parking for gym users."
Do those businesses have the right to say that?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

This is just a polite notice and no more?

They are not purporting to fine you?
Customer: replied 3 years ago.

It's a large, printed notice, in capital letters and underlined. Whether or not that constitutes "a polite notice" - well....... My view of a message presented in this way is that it indicates a serious intention - but, I guess, that's subjective! I suppose my fear is that next time, I'll get a bloke waiting for me, with some not very pleasant words - or even getting blocked in, with the logic being that "I'd been warned".

Customer: replied 3 years ago.

Oops, forgot your second question: no, they are not purporting to fine me.

Expert:  Jo C. replied 3 years ago.
Thanks.

There is no reason they cannot leave a notice of that kind. They commit no offence in doing so.

Whether they can take any action over it is another matter. The businesses themselves have no power to fine at all.

However, there is probably some form of management company if this is private land. It depends who owns the land but probably the land is not owned by the businesses and they are just renting a plot upon it.

Nevertheless, whoever does own the land it is not you unfortunately. Parking there without permission is a trespass and there is a claim that could be brought against you. But not by the businesses.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 3 years ago.

I don't understand the part of your answer that "Parking there without permission is a trespass", given that the users of the various businesses (including the gym) park without any specific permission, e.g. there is no parking payment. It therefore seems to me that anyone parking on the estate could be open to a "claim" being brought against them.... ?

Expert:  Jo C. replied 3 years ago.
It depends if they have permission to be there.

But, yes, in principle, if this is private land and you don't have permission from somebody entitled to give permission to park there then you are a trespasser.
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