Here at Countrywide Parking Management, we are experts in car park management and enforcement. We work up and down the UK, but no matter where we are, we always get asked the same question: are car parks private property?
This question mostly comes up in regard to residential parking, with many people wondering how the law works in shared/communal car parks. That being said, it can also refer to car parks in town centres, at supermarkets, and in retail parks. To help you better understand the law and your rights, we’ve put together this guide on whether car parks really are private property.
Are Car Parks Privately Owned?
In the majority of cases, car parks are privately owned land. It is possible for car parks to be owned by a local authority, but for the most part – especially in the case of residential car parks – they are private property.
Some examples of local authority/council owned car parks may include:
- Street parking
- Council facilities e.g. swimming pools
- Town centre car parks
Privately owned car parks can include:
- Residential car parks
- Supermarket car parks
- Pub car parks
- Hospital car parks
Car parks, be them privately or publicly owned, are not classified as roads, although they may be classified as a public space. For example, pubs are open to the general public, so there is a reasonable expectation that the public will be using any affiliated car parks, but this doesn’t mean the land is publicly owned.
In contrast, residential car parks are not public spaces because they are not intended for the general public. Instead, most residential car parks operate on a permit-holder basis, even those that are owned and maintained by a local authority. This is to allow residents to park with ease and to prevent the public from causing parking issues and using the land as a public space.
Public vs Private Car Park Penalties
Depending on whether a car park is publicly or privately owned, parking offences carry different penalties. Cars parked illegally on public land and roads can be clamped or towed by the DVLA, police, or local authorities. More often than not, though, a penalty charge notice will be issued by the local authority. It is essentially a fine issued by the council for minor motoring offences and unlawful parking.
Most car parks are privately owned, so this means the rules are slightly different. Prior to 2012, private landowners could clamp and tow cars parked illegally on their land, but the law was changed due to the number of private landowners abusing their powers and demanding excessively high release fees. Now, cars parked on private land cannot be towed or clamped, and the driver cannot be obstructed from moving their vehicle.
There is some form of protection for landowners in the sense that they can employ car park management firms, such as Countrywide Parking, to manage their car parks and issue a parking charge notice if a driver is found to be in breach of the rules. This is a type of fine.
Issuing a Parking Fine
If you own a private car park, for example on a retail park, in a residential area, or in a commercial area, it’s best to hire a car park management company like Countrywide Parking Management to handle your car park management for you. Not only are we experts in managing and diffusing potentially volatile parking disputes, but we also install clear signage to ensure any parking charge notices that are issued can stand up if an appeal is issued.
As a landowner, you have a responsibility to inform motorists if your land is private, and if not, what the parking rules are. If you own a retail park, it might be that drivers can park for no more than two hours at a time before a fine may be issued. For supermarkets, it could be that the car park is for shoppers only, and anyone who parks there who isn’t a customer may be issued with a fine. For residential parking, it needs to be made clear that the car park is for residential use only, and if applicable, only permit holders may park there.
You will then need to liaise with residents to inform them of the rules and how many spots they are allocated. It needs to be made clear that anyone who is in violation of the rules, be it the general public or residents themselves, may be issued with a parking charge notice.
You need to ensure there is clear signage stating these rules, and that you have a system in place for enforcing the rules. At Countrywide Parking Management, we issue ample signage in and around your property, and well as a range of enforcement tools. These can range from a parking officer to ANPR cameras, or both. You may even opt for a pay and display approach, in which case we can help.
Private Car Park Management Solutions
If you own a private car park and are unsure of the best way to manage it, please contact us. We work across the UK and will carry out a site survey to find the best management solution for your property.
