A recent landmark court ruling has decided that parking fees are a “commercially-justified deterrent”, news which will no doubt be welcomed by private landlords and businesses seeking to protect access to their properties.
A Growing Problem in Densely Populated Cities
As populations grow and more and more people require access to our cities, landlords who own in these ‘in demand’ areas are welcoming the high levels of interest in their properties and businesses. But with so many flats to rent located on busy high streets and in other neighbourhoods shared with businesses, it isn’t just the tenants who want access to these areas.
This competition for space has inevitably lead to an increase in parking problems as people take chances in car parks and spaces on private land in order to access local businesses or requirements.
Court of Appeal Rules in Landlords’ Favour
Fortunately, landlords with parking spaces or car parks have the law on their side in this matter, as a recent Court of Appeal case has demonstrated.
Earlier this year a parking charge of £85 was issued by private parking management company Parking Eye Ltd to a certain Barry Beavis, who breached the two-hour time limit when parking at Riverside Retail Park in Chelmsford.
Mr Beavis claimed that the parking charge was “unfair and disproportionate” and embarked upon a legal campaign. However, the law did not see things from his side and ruled in favour of Parking Eye Ltd and the car park owner, declaring that the charges were a “commercially-justified deterrent”.
Precedent for Other Landlords
Other private landowners have welcomed the decision in favour of Riverside Retail Park and their car park management company.
The British Parking Association, along with other private parking firms, praised the legal decision for providing parking enforcers and car drivers with clarity on their rights and responsibilities in the eyes of the law.
For other landlords with parking spaces under their control, big or small, the decision will enable them to put up private parking signs and enforce them with confidence. These signs are proving to be an essential tool for landlords to have at their disposal when people’s right to access their own property or the commercial viability of their business is at stake.
Article Courtest of: Costas Constantino, Flashpark
Flashpark offers private landlords and businesses with a legal alternative to wheel clamping. It is a simple, ethical and non-confrontational response to the everyday parking problems that take place on private property. Find out more here. http://www.flashpark.co.uk/