Companies who resort to clamping vehicles illegally parked on
their land could face court action and a fine, a Telford solicitor
has warned.
Graham Davies, senior partner at Martin-Kaye LLP Solicitors, in
Euston Way, said new legislation due to be introduced this year was
likely to be unwelcome news for local firms.
"Company parking spaces are an extremely precious asset, whether
they're for directors, staff or probably more importantly, your
customers. So when drivers choose to clog up your spaces when they
have no intention of visiting your business, it's annoying and
inconvenient."
Graham said many firms had resorted to using a clamping company
as a deterrent, which had proved particularly successful.
"But as a direct result of some clampers operating in an
over-zealous manner and clamping everything in sight, the
Government has decided to introduce a new law - the Protection of
Freedoms Bill.
"This will make it an offence to clamp vehicles, even if they
are illegally parked on your company's land, and your directors
will face a fine if you're found guilty of operating such a
policy."
Graham said the new rules also made it an offence to block a
vehicle in by parking behind it, so companies would have to
consider other options to stop unwanted visitors using their
parking spaces.
"If it's possible, fit a barrier - this could be a simple
lockable pillar or a more sophisticated automatic arm. This is an
excellent option as if someone sneaks into your car park while the
barrier isn't in place, the new rules mean you can close the
barrier and stop the vehicle leaving.
"Of course you will then still have the problem of the unwanted
vehicle on your land, but it should act as a good deterrent to stop
them parking there again."
If you display the appropriate notices, you can also set charges
for parking without your consent, even if you don't have a barrier
system.
"And if the driver escapes without paying, the new rules make
the vehicle's keeper responsible so you can get their details
from the DVLA and send them the bill - take a photo of the
illegally parked vehicle too in case your claim is disputed.
"The rules do say though that you can move a vehicle if it's
blocking access to your car park or part of it - but as yet, it's
not been confirmed how you can do this, or how far away you will be
allowed to move it."