Can I be clamped in a private car park on spec by the local busybody ?

[RogerHarris]

 

Hi,

I visit my partners flat regularly and stay there, using the private car park in the flats. 

 

Some busybody with nothing better to do is putting printed tear off notes in the car window about the parking being for residents only.

 

I would be ok if they were fighting for places..  yet the car park is far too large for the flats. Its never full, and the spaces are not individually allocated to residents anyway.  There is no controlled parking or warnings, but a couple of notices say “ private car park, for residents only.

 

Why its so important to put in these notes I don’t know, im a fairly low key individual in everyday car so cant think how I can cause offence. Maybe this person is connected to the factors. But seeing as busybody is so determined to keep putting these in the car window makes me wonder if he/she has backup plans such as calling a wheel clamper. 

 

Is it that simple, can a resident, or someone in the flats factors just call in wheel clamp company to come out on spec, is that simple for them ?

 

Bearing in mind this is in Scotland.

[dx100uk]

wheel clamping was outlawed in 2012

[RogerHarris]

5 minutes ago, dx100uk said:

wheel clamping was outlawed in 2012

Had no idea lol.. well thats that answered. Good thing it was seeing as it was totally out of control.  Guess I was getting confused as I had seen occasional clamped vehicle, but guess that was the DVLA.

[stu007]

Hi

 

If your Partner has a Tenancy Agreement / Lease etc. (could you clarify?)

 

Just to air a bit of caution as this is the Partners Flat that you are visiting and using the car park.

 

Your Partner needs to fully read there Tenancy Agreement/Lease on what it says about car parking/parking and visitors.

 

What you need to be aware of is you are visiting your Partner at there property with that car park/parking and if they do have a tenancy agreement/ lease.

 

a) They are responsible for the actions of there visitors/guest.
b) If tenancy agreement/lease has anything about parking (and they are aware you are the person visiting your partner) they could challenge your Partner with above could use it as a way to say they may be in Breach of Tenancy/Lease. (please note I only say may as that may not happen but be aware)

 

Who owns the Land the Car Park is on?
(i.e. it may or may not belong to the landlord that owns the Building, my own HA has numerous Multi-Storey building but it only owns the land the building is on not the car parks round the building as that land belong to council)

 

Get your Partner to check there Tenancy Agreement/Lease carefully and also the companies/letting agents website to see if there is anything there on car parking/parking in that specific car park.

 

It may be something simple that your partner just needs to ask them get a parking  permit for visitors to display in there car windscreen.

[dx100uk]

oh I missed the very last line..Scotland.

 

even if there were a powerless private parking co issuing these there is stuff and all they can do

POFA does not apply. there is no tort of trespass either.

 

pers i'd make you own note.

and put that on some windscreens to an inside yours.

 

noting the above and politely telling them to go give themselves a Glasgow kiss.

 

 

 

[king12345]

Curtain twitcher.

Don't worry about it. 

[ericsbrother]

Wheel clamping has never been legal in Scotland as many people found out. that is one of the reasons the POFA came in in E&W, to harmonise things and to give the parking cowboys a chance of still making some money for nothing after it was banned.

No POFA in NI either but clamping there is legal