Q&A - Parking Restrictions

QUESTION

Dear Sir
I live in a block of 15 flats which is managed by a residents management company - of which I am a director. The block is situated on a road where the local council have introduced restricted parking. Because of these restrictions we find that non-residents park in our small, off street, car park. Please advise me if we have any rights in this respect and, if so, how we may enforce them
Reader name withheld

ANSWER

Thank you for your query about the ‘thorny’ issue of parking. I am not a legal advisor but represent the FPRA on the board of the British Parking Association (Approved Operator Scheme), a trade body for parking operators and also am a local authority Councillor so understand the issue from both perspectives.
Many local Councils have introduced controlled parking areas which has a detrimental impact on small blocks of flats.
The options to prevent illegal / selfish parking on your estate were reduced from 1st October in the light of the Protection of Freedom Act 2012 which banned wheel clamping and towing from private land.
Parking control companies now issue parking control notices (PCN) similar to those issued by Council’s on public highways.
Landowners including many Resident Management Companies (RMC) like yours are bound by this legislation and the Directors need to decide how or indeed whether to introduce parking controls on their land. Alternatively you may consider some physical control to keep out unwanted vehicles such as barriers or bollards. (Check your lease to see whether this is allowed).
It would not be unreasonable to use a parking control company that is a member of the British Parking Association (Approved Operator Scheme) - britishparking.co.uk - who must comply with a very strict Code of Practice for their members. This code of conduct sets out rules for the operator to adhere to before ticketing a vehicle on their land. In addition the motorists will be able to challenge the ticket by using an independent appeals service if they are unhappy with the appeal determined by the operator.