Private Parking Scheme introduced - is clamping/removal legal?

[Stillborn Crisps]

My friend lives in a block of flats run by what used to be the council but is now a housing association. I visit him most days and park in the residents car park. He does not have a car himself, and in two years I've only once found space to be a problem.

 

However, They're just about to introduce a private parking company to look after the car park and permits have got to be applied for - free for a year, then you will have to pay. But, from their letters only vehicles registered/insured to that address will qualify. No provision seems to have been made for guests. Can they do this?

 

Also, check out the wording of the official letter he got.

 

...Newline Securities will monitor the scheme on a 24 hour, 7 days a week basis. Please be advised that any vehicle that does not display a valid permit or display a copied/altered permit will be subject to immediate immobilisation and the permit will be confiscated by the contractor. Any vehicle clamped will be given an hour to be released before it is removed.

 

Can a private company really take your car?

[green_and_mean]

If its on private property the answer is yes.

[Zamzara]

But since some kind of contract is already in place, it's more complex than that.

 

Does the tenancy allow for parking? Do the terms allow for a change in terms? If so, is the correct procedure being followed? Do the terms meet the tests of fairness imposed by various statutes?

[pin1onu]

display a copied/altered permit will be subject to immediate immobilisation and the permit will be confiscated by the contractor. Any vehicle clamped will be given an hour to be released before it is removed.

I wonder how they are going to get at a permit inside a locked vehicle. It is one thing to clamp or tow a vehicle, quite another to effect entry into it. If they did that I think you would have a valid criminal complaint on the grounds of interfering with a motor vehicle.

 

As to the other question you raised it is legal under certain conditions but as Zamzara has said there may be existing contract conditions in the tenancy agreement/title deeds that they may be seeking to change. They cannot do this of their own accord; it can only be done with the agreement of both parties. Your friend should check the terms of any tenancy agreement (if renting) or title deeds (if they own the flat) and compare that with the terms of the letter. It may pay your friend to seek professional legal advice. Ultimately they may be able to opt out of this scheme.

[green_and_mean]

I wonder how they are going to get at a permit inside a locked vehicle. It is one thing to clamp or tow a vehicle, quite another to effect entry into it. If they did that I think you would have a valid criminal complaint on the grounds of interfering with a motor vehicle.

 

The permit 'may' remain the property of the issuing authority and they could request it to be returned or cancel it. Once the car was towed away they could technically refuse to release it unless the permit was returned.

[Bernie_the_Bolt]

The permit 'may' remain the property of the issuing authority and they could request it to be returned or cancel it. Once the car was towed away they could technically refuse to release it unless the permit was returned.

 

I disagree. That would be insufficient to create a lien ove a motor vehicle.