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Ash
Ash, Solicitor
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A cul-de-sac road into a Trading Estate has no Sign(s) at its

Resolved Question:

A cul-de-sac road into a Trading Estate has no Sign(s) at its entrance or along the road stating that (A) the Road is Private (i.e not Council Owned), and/or (B) that Parking along it in marked spaces is Forbidden by those not so authorised, and/or (C) that unauthorised drivers Parking along it may be Fined or their vehicles 'Clamped'.
With the existing (or non existing) Notices, can Motorists who park their vehicles along this road who are not visiting one of the Trading Estate Businesses legally be fined or have their vehicles 'Clamped' ot Towed Away?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Are there any parking restrictions visible on the land, ie yellow lines etc?Alex
Customer: replied 1 year ago.
Alex. No, there are no Yellow lines, single or double. There are nose to tail parking spaces with outlines painted in white along one side of the road, each space being numbered. The are standing signs at intervals saying "please keep off the grass". There is no sign at the end of the road or at intervals along the road stating that it is a Private Road or a standing sign of any kind referring to Parking or Terms or Authorisation to Park. Derek
Expert:  Ash replied 1 year ago.
So nothing to warn you of not parking there whatsoever, save for the keep of the grass?
Customer: replied 1 year ago.
That's correct. There is no reference to parking save the white painted and numbered parking spaces of which there are probably 15 to 20. We have noticed that some people habitually park there all day who either obviously work in a nearby town office or as likely catch a train from the nearby railway station. Those who use our small Hall park for up 2 to 3 hours at most. Derek
Expert:  Ash replied 1 year ago.
Ok. Its a matter of contract in terms of issuing a fine. Therefore unless there are reasonable attempts to bring any notice to your attention (ie like an entrance to a car park) then they can't fine you.The law changed a few years ago and its illegal to clamp and tow so they are just empty threats. At worst they can issue a fine, but that would only be enforceable if notices preventing entry/parking were brought to your attention.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Alex. Thank you. Strictly speaking, they (the management company) can't actually issue a fine - can they? Isn't what they can issue is a Parking Charge which has to be reasonable inits scale compared with parking charges generally made for similar period of time. It is really an Invoice for parking. If you don't pay it they can of course take you to Court. I thought only the Police could issue Fine and I assume that would not normally be on Private land unless you were causing a serious obstruction. Is that right Alex? I haven't yet seen what kind of notice they are sticking on people's windscreens but will look at one as soon as I can. Perhaps i could then come back to you if necessary for further advice. Derek
Expert:  Ash replied 1 year ago.
This a civil issue, its an invoice as you say. The County Court Judge would then have to decide on the charge.Does that help?Alex
Customer: replied 1 year ago.
Yes, Thank you, ***** ***** a nice day - as some would say!
Expert:  Ash replied 1 year ago.
Good luckAlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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