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ArmAGUIDANCE


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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.


THE BANONCLAMPING


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.


POWER OF THE POLICE TO REMOVE


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.


ABANDONED


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


DISCLAIMER


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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