Locked in council car park

[green_and_mean]

Locking a car in a car park counts as immobilisation.

 

No it doesn't vehicle immobilisation is the when the immobilisation is carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it. The car park gates were not shut to prevent the car being removed it was to stop unauthorised persons entering the park after dark.

[sailor sam]

My only thought (as i've said before) in the OPs favour is that the person who locked the barrier and placed the note on the windscreen, could have included some way of contacting a key holder so he could of removed his car. Whether by complaining to the council's recreation/parks department will get him anywhere, i'm not sure. He may get an apology but I very much doubt if he will get any compensation which I think answers his original questions.

 

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[green_and_mean]

My only thought (as i've said before) in the OPs favour is that the person who locked the barrier and placed the note on the windscreen, could have included some way of contacting a key holder so he could of removed his car.

 

Why should the local tax payers pay for someone to be on standby incase some idiot decides to leave their car in the car park after it closes? I'm also not that sure the person who has the keys would appreciate being dragged back to work in the middle of the night for the same reason?

[sailor sam]

Why should the local tax payers pay for someone to be on standby incase some idiot decides to leave their car in the car park after it closes? I'm also not that sure the person who has the keys would appreciate being dragged back to work in the middle of the night for the same reason?

 

G & M, did I say that the OP would not expect to be charged for someone comming out to open the barrier? If such an arrangement could of been made, I would of thought it quite obvious that call out chrages would have been likely to have been discussed.

 

I think you are slightly out of order by implying that the OP is 'some idiot' by the way. I would of thought saying he was a little 'naive' would of been more appropiate.

[spb1957]

Well, this thread has certainly degenerated ! It now seems I'm now an idiot who chose to leave his car in a council car park after it closed !

 

I thank those of you for your opinions on the matter, but had hoped to find more information along the lines of the DVLA's Voluntary Code of Practice....

 

"3.1. Adequate signs should be displayed on all private property and car parks where enforcement action is to be taken. These should satisfy the criteria that it is 'reasonable' for a motorist to be aware of the potential consequences of his/her actions when parking the vehicle. It should be clear that parking is not allowed or restricted and that enforcement action will be taken in respect of any subsequent contravention. "

 

Maybe we should consider this thread closed ?

 

[Mossycat]

Well, this thread has certainly degenerated ! It now seems I'm now an idiot who chose to leave his car in a council car park after it closed !

 

I thank those of you for your opinions on the matter, but had hoped to find more information along the lines of the DVLA's Voluntary Code of Practice....

 

"3.1. Adequate signs should be displayed on all private property and car parks where enforcement action is to be taken. These should satisfy the criteria that it is 'reasonable' for a motorist to be aware of the potential consequences of his/her actions when parking the vehicle. It should be clear that parking is not allowed or restricted and that enforcement action will be taken in respect of any subsequent contravention. "

 

Maybe we should consider this thread closed ?

 

 

I think there is a world of difference between a voluntary code of practice (the clue is in the word voluntary) and the legal position.

 

There is nothing in law to compel the owners of the private car park to display signs and nothing to prevent them from securing their property by locking the gate. Therefore they have done nothing wrong and cannot be held responsible for any consequential losses that you may have incurred.

 

Mossy

[pin1onu]

I've been monitoring this discussion.

 

As far as the law is concerned Schedule 2 of the PSI act say

this is paragraph applies only to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.

If this matter went to court IMV it would be a matter of proving or disproving intent. If a court accepted that they were just shutting up shop then there has been no licensable activity. Alternately they may have every intent of locking vehicles in - if that fact is accepted by a court then the OP may have a chance.

 

 

However a further point that goes toward intent is the fact that no release fee was charged. IMO this would tend to suggest that "they were just shutting up shop". I've seen private car parks which charge a substantial amount if you get locked in.

 

 

On a more general note Arthur vs Anker established that clamping was a modern day form of distress feasant. Distress Feasant is the holding of another persons goods or property until damages for trespass have been paid. The OP wasn't charged for release so the council cannot be held accountable on that issue.

 

 

 

This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988 (c. 52).

A further question arises over whether a council car park would count as road. I'll leave that answer for the experts in this area to answer.

 

Lastly although the OP suffered consequential damages I think he will have a hard job convincing a court of any intent by the council to cause damages and there is also some contributory negligence which others on this thread have highlighted. Given this, I think getting anything beyond an apology is unlikely.

Edited April 15, 2010 by pin1onu

[lamma]

This is a council car park isn't it ? get the Traffic Order for it.

[green_and_mean]

Well, this thread has certainly degenerated ! It now seems I'm now an idiot who chose to leave his car in a council car park after it closed !

 

I thank those of you for your opinions on the matter, but had hoped to find more information along the lines of the DVLA's Voluntary Code of Practice....

 

"3.1. Adequate signs should be displayed on all private property and car parks where enforcement action is to be taken. These should satisfy the criteria that it is 'reasonable' for a motorist to be aware of the potential consequences of his/her actions when parking the vehicle. It should be clear that parking is not allowed or restricted and that enforcement action will be taken in respect of any subsequent contravention. "

 

Maybe we should consider this thread closed ?

 

 

Has enforcement action been taken I thought they just secured the park? You didn't mention that you had been fined or clamped?

[green_and_mean]

This is a council car park isn't it ? get the Traffic Order for it.

 

Why would a free recreation ground car park have a traffic order?

[lamma]

if its a council car park and they want to regulate it through byelaws there has to be a byelaw.