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Commercial, Employment and Property Solicitors

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Businesses prepare for abolition of power to clamp on private land

Business owners of private land and their managing agents are preparing for the abolition of their power to clamp and/or tow away vehicles parked without authority on the land they own or manage.

From 1 October 2012 it will be a criminal offence under the Protection of Freedoms Act 2012 to immobilise, move or restrict the movement of a vehicle parked on private land. Exceptions include the police, local authority, government agency and bailiffs.

Owners and managers of, for example, flats with parking are:

• considering installing barriers to prevent entry to land

• checking leases to make sure they can recover the costs of such barriers from the occupiers of the units through increased service charges

Recommendations

• Signs warning drivers of the consequences of unauthorised parking may need to be removed or amended.

• Terms and conditions of leases or licences allowing parking on private land should be reviewed to ensure they are consistent with the new rules.

• Where management of parking facilities is outsourced to a third party, the agreement with the third party needs to be reviewed to make sure it acts within the law.

• If in doubt, take specialist legal advice.

 



Jonathan Waters
is the founder of Helix Law. Before qualifying as a Solicitor he worked in industry and in investment banking for over a decade. He was also the Partner in charge of Commercial Litigation, Employment Law and Property Litigation at Stephen Rimmer LLP. Jonathan has wide experience of helping and advising businesses to avoid or to deal with commercial disputes and in particular construction disputes. 

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This article is written to raise awareness of the issues it discusses and it may not be updated after it is first written, even if the law changes. It is not intended to be legal advice and cannot be relied on as such. Helix Law is not responsible or liable for any action taken or not taken as a result of  this article. If you think the matters set out affect you and you wish to apply them to your particular circumstances then we are happy to give you free initial telephone advice. 

Contact Helix Law on 01273 761 990 or email info@helix-law.com

T: 01273 761 990
E: info@helix-law.com

Helix LawHelix Law Limited is a limited liability company registered in England and Wales. Registration Number 07845461. A list of Directors is available for inspection at the Registered Office: 1 Frederick Terrace, Brighton, BN1 1AX. Authorised and regulated by the Solicitors Regulation Authority.