0

I work in a company whose premises are located in a business park (6 buildings total, parking lots, access roads and main road connect them all). Unfortunately parking is at a premium here, so everyone tries to park wherever possible. That includes parking spots designated for use by other firms here, located on same parking lot. Some of them got tired calling us to move unauthorized vehicle from their parking and hired a Parking Control company to monitor that. So now there is a risk of fine if parking where one is not supposed to. No complaints to that - I was wondering why it took them so long.

My question is this: can they enforce parking on the access road that leads from main road of the estate to our parking lot (which we share with others)? This access road is not wide enough to park on both sides of it, thus parking partially on pavement is necessary. Who decides if the car is parking illegally and/or in contravention of CPZ by the other company - the estate owner or that other company? I believe that this access road is shared, so actually "fair game" for parking, and they cannot enforce parking restriction on it. Am I right?

Improve this question
3
  • How do you (legally) hire a Police Constable? (Which is what I assume you meant by "PC").
    – Martin Bonner supports Monica
    Nov 1, 2018 at 16:21
  • @MartinBonner - I mean Parking Control. Amending question.
    – AcePL
    Nov 1, 2018 at 16:24
  • Oh. I see below you say "a private PC company". Where "PC" presumably means "Parking Control". Could you edit your post to clarify that please? Also, a private company cannot issue a fine - all they can do is issue a charge.
    – Martin Bonner supports Monica
    Nov 1, 2018 at 16:24

1 Answer 1

Reset to default
0

The Highway Code applies on any road to which the public has right of access - if it applies in the carpark it applies on the road leading to the carpark.

The Code has sections on where you can and cannot park, relevantly "You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it." If there is not a sign permitting parking on the pavement then you can't.

Edited question

As a matter of public policy, only governments can punish people including with fines - a private organisation has no legal authority to fine anyone.

If you park in someone else’s spot you are trespassing and are responsible for any damage you cause them by your trespass. For example, if they have informed you that you could be towed then the costs of towing you are recoverable by them but they are not permitted to profit from your trespass.

The access road is presumably common property and the owners collectively can decide what rules apply.

Improve this answer
4
  • Thank you. I know that Code section, I may, however, amend the question with below: the bit of road we're talking about is more like a driveway, not a public access road. So private-private land, so to speak. It could be argued that you need permission to access it. Actually, the whole area is fenced and access is only through one gate with security, so is it actually publicly accessible?
    – AcePL
    Nov 1, 2018 at 9:45
  • If that’s so, why are the police patrolling the car park?
    – Dale M ♦
    Nov 1, 2018 at 10:16
  • Not the police, if you're asking in context of my question, but private PC company. Only time I saw police was when someone tried to steal a vehicle. Never seen police car on premises just rolling by.
    – AcePL
    Nov 1, 2018 at 13:20
  • Thank you for clarifications. Last question then: if access road is common property can someone decide unilaterally to exclude parts of it from common use? Especially since they're not the owner in case of private property? I'm not asking about designated spaces, only about common space.
    – AcePL
    Nov 5, 2018 at 10:49

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .