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Warning to owner of a carpark near stadium


12th Man

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On most match days this car park is normally off limits to fans. They usually lock the gates well beforehand so it is surprising a number of cars got trapped in there last night.

 

Also I have to say that the parking habits of a lot of fans out on the adjacent roads (pavements and verges) at the Courier building is pretty disrespectful to pedestrians. Many are illegally parked around the junctions. If they parked like that in a residential area they would be booked by the police or wardens. There has been a few near misses with pedestrians trying to cross over the road perpetrated by illegally parked vehicles opposite the New Century House access. It is only a matter of time before someone gets knocked down or the police take action as they did on the verges on the A9 approach to the stadium.

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Thre were quite a few stuck inside,  a heard a man with an ICT hat on seemed to have a key but had no idea how the gates locked themselves.

 

If you park in a private carpark which requests money to park there, the parking company has no right to wheel clamp your car or impound your vehicle by detaining it in the car park by means of a locked gate etc. If they do they are breaking the law.

By parking in a private carpark you enter a contract acording to the t&cs on their notice board. that still does not give them the right to detain your vehicle.

 

Just because you own a bit of land it doesnt give you the right to impound a vehicle that parks there.

 

If someone parked in front of the gates and staff couldnt leave then they have a right to phone the police to have the car removed.

Its exactly the same the other way round, if a member of the public parked there and a member of staff locked them in they have the same right too.

 

If they get upset with people using their empty carpark during a match the best thing to to would be to lock it before the game.

 

What I dont like is people playing stupid games, what makes it worse is when they dont even know the rules.

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It is not a fee paying car park. There was no invitation to park there, quite the reverse. There is no obligation, in these circumstances, to display terms and conditions because there was no contract or intention to create one.

 

No cars were impounded the owners of the premises simply closed the gates to their own property.

 

Instead of complaining, those affected should feel fortunate that someone had the decency to open the gates.

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If only the council let folk park on the verge at the shore side it would help matters at no hassle to traffic or pedestrian. 

 

If you park your car in a gated car park you know could be locked you take your chances imo. If I drive into a field as the gate is open then come back later to find the farmer has locked the gate I can hardly moan about it...

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If only the council let folk park on the verge at the shore side it would help matters at no hassle to traffic or pedestrian. 

 

 

You mean like they or the police let people going to Ness Bank Church park anywhere they like along the Haugh or the Riverside on a Sunday morning, the only difference being that this obstructs traffic while parking on the verge at the stadium doesn't?

 

12th man - the OPINION that people can park on private property when they like and at the same time also deprive the owners of that property of the right to operate it as they choose, such as by closing gates, is nonsense!

Edited by Charles Bannerman
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The car is not clamped it can move, plenty car parks are locked at night. You're saying if one person drove to an ICT game had a drink decided to leave the car it would be illegal to lock that gates 5 hours after the game and after everyone had gone home in case they wanted to return to get their car at their convenience?

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If only the council let folk park on the verge at the shore side it would help matters at no hassle to traffic or pedestrian. 

 

 

You mean like they or the police let people going to Ness Bank Church park anywhere they like along the Haugh or the Riverside on a Sunday morning, the only difference being that this obstructs traffic while parking on the verge at the stadium doesn't?

 

 

Aye, that's the one Mr B!

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Many years ago I went to an early evening meeting at a school where the premises were surrounded by a 6ft iron fence with 3 pronged spikes at the top.  I parked in the school car park.  After the meeting 3 of us decided to go to the pub and we stayed a while.  When I returned the gate was locked so there was no way I was going to be able to drive home.  However, the bigger problem was that my house keys were in my coat pocket - and my coat was in the car!

 

I therefore decided to climb over the gate to get my keys.  I did that fine but getting back again was more of a problem and I caught my foot on the spikes and gave myself a significant gash on the ankle.  I limped the 2 miles home and then limped back the following morning to collect my car.  I couldn't blame the school caretaker for doing his job, the fact that my car was locked in and then that I injured myself was the result of my own stupidity.  I was happy to have a laugh about the situation and move on.

 

From what 12th man says, it would appear that as my car remained in the car park, the caretaker should have left the gates open.  How absurd would that be!  The gates are there for a purpose.  I could have decided to have a few beers and walked home leaving the car there all night.  That would have left the gates open for anyone to come in at night and do whatever it is that the gates are there to stop them doing.  In these circumstances, if the law says the school caretaker should have left the gates open then the law is an ass.

 

No.  Irrespective of the technicalities of the law, if you park inappropriately then it is at your own risk and if your car gets locked in then so be it.  Accept responsibility for your actions and get over it.

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It is not a fee paying car park. There was no invitation to park there, quite the reverse. There is no obligation, in these circumstances, to display terms and conditions because there was no contract or intention to create one.

 

No cars were impounded the owners of the premises simply closed the gates to their own property.

 

Instead of complaining, those affected should feel fortunate that someone had the decency to open the gates.

 

 

I dont want to go on about it but opinion is one thing, the law is something else.

 

 

... guess you dont know what Kingsmills does for a living then :lol:

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The law in Scotland, as I understand it, say's that the owners of private property cannot clamp or remove a vehicle with the object of charging the owner for it's release. It say's nothing about securing the property with a vehicle inside. If I have a driveway and someone decides to park in it there is nothing in law that prevents me from closing and locking the gate. Same applies to any private property.

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Could be talking out of my ar$e here but didn't the government bring out legislation about parking and something about lawful authority that states you can only have lawful authority to remove or impound a vehicle on locations such as airports habouRs etc. and impounding a vehicle on private land would be deemed illegal in some new freedom act. And by locking a vehicle in would be therefore classed as impounding it?

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Could be talking out of my ar$e here but didn't the government bring out legislation about parking and something about lawful authority that states you can only have lawful authority to remove or impound a vehicle on locations such as airports habouRs etc. and impounding a vehicle on private land would be deemed illegal in some new freedom act. And by locking a vehicle in would be therefore classed as impounding it?

 

That has always been the case in Scotland. See Alex's post above.

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Thanks kings mills but does that then mean as the courier would be unlikely to have lawful authority status granted then it would have been illegal for then to impound other peoples vehicles as they are not the property of the courier? I wasn't parked there by the way :) and I can't imagine there was any wilful damage done to the couriers car park either . I mean if a group of travellers had parked there it seems to take weeks for anyone to be able to move them on and they eventually leave without a fine or anything therefore what could the courier actually do and locking the gates is a bit of a pr failure as I would imagine a few people locked in would have been their own readers

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Thanks kings mills but does that then mean as the courier would be unlikely to have lawful authority status granted then it would have been illegal for then to impound other peoples vehicles as they are not the property of the courier? I wasn't parked there by the way :) and I can't imagine there was any wilful damage done to the couriers car park either . I mean if a group of travellers had parked there it seems to take weeks for anyone to be able to move them on and they eventually leave without a fine or anything therefore what could the courier actually do and locking the gates is a bit of a pr failure as I would imagine a few people locked in would have been their own readers

Owning the property gives them lawful authority to secure said property. If cars are parked on private property without property owners consent then locking them in would not be seen in law as impounding. Drivers take that risk when they park on private property.

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