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AdviSOry nOte

Since 1 OctOber 2012 it has been acriminal offence to clampor towaway a vehicle on privatelandunlessdonebythe police or localauthority.Soany clampingsigns on your site should have beenremoved andany contractswithclampingfirmsshouldbe renegotiated. Thealternativemethod to deal with rogue

parking is to ticket vehicles parked without permission. Barriersare also acceptable.There needstobeclear signage aboutany ticketing arrangements in use. If youhaveproblemswithrogue parking

on your estate, discussthe issue with your managing agenttomakesureyou comply with the lawand have cost effectivemeans in place to control parking.


AND TOWINGAWAY Clampingand towing of vehicles is also now illegalunlessit’scarried outbythe police, local authority, bailiffs or other government agency.The consentofthe vehicleowner to clamping or towing away isNOT authority for it to be done.S44 and45ofthe Protectionsof Freedoms Act 2012makes this clear.


OBSTRUCTIVEVEHICLES Police powers have also been extended so they canremovecarsparkedonprivate land that areobstructiveordangerously located. Currently thepolicecan only remove vehicles fromroads. Theregulations to implementthis power are still awaited. It’s possible foranobstructivevehicle to be

moved to an alternative position on a scheme if it canbedonewithout damaging that vehicle. But the cost would fall on the client.

36 25 One year on from the clamping ban,

ARMAoffers some advice forleaseholders on dealing with rogue parking

TICKETING Theticketing andfining of wronglyparked cars is legaland the2012Act has givenextra power to ticketing. Anylandowner canissuetickets without

theneed foralicence.But landowners cannot enforcethe paymentifthe driver or registered keeper does not pay without going to the county court. There is also an appeal systemavailable

to drivers. Itmay be helpful to discuss with your agent the use of an accredited parkingenforcement companywho isamemberofthe BritishParking Association. S56 of the Act holds the registered

keeper of avehicle liable forany unpaid finewhere theidentityofthe driver is not

Anylandowner canissue tickets withoutthe need for a licence

known provided that a specified procedure is followed.Ifthe registered keeper fails to namethe driver then they will be responsible forthe fine. Before theAct,only thedrivercould be forced to payafine if the vehicle had been ticketed.

USE OF BARRIERS Barrierscan be used to prevent illegal parkingand to enforceparking charges if required.Itdoesnotmatter if thebarrier is loweredornot.Ifyou areconsidering the installation of abarrier,check with your agentwhether the leases permit the recovery of costs.


VEHICLESONPRIVATE LAND Greatcareand appropriate cautionare requiredwhen dealing with abandoned vehicles.Where thevehicle is left on the privatelandofablock of flats it becomes more complex for themanaging agent. Localauthorities have adutytoremove

abandonedvehiclesonland“in theopenair”, including on private land. But theymay well be more cautious at becoming involved. Aword of warning: If youoryouragent

are contemplating removing, and possibly destroying,acar or van in aprivate parking area you need to understand that you are dealing with someone else’s property. As a consequence, you need to be able to

demonstrate that youhaveacted with due care andinamannerthatisappropriatetothe circumstances. Youmay be under pressure fromleaseholders to take swiftaction; the


Whileevery efforthasbeenmadetoensure theaccuracy of theinformationcontained in thisLesseeAdvisoryNote,itmustbe emphasisedthatbecausetheAssociationhas nocontrol over theprecisecircumstances inwhichit willbeused, theAssociation, its officers,employeesandmemberscanaccept noliability arisingout of itsuse,whether by members of theAssociationor otherwise. TheLesseeAdvisoryNote is ofageneral natureonlyandmakesnoattempttostate or conformtolegal requirements; compliance with thesemustbetheindividualuser’s ownresponsibilityandthereforeitmaybe appropriatetoseekindependentadvice.

Issue 16 Flat Living

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