New law could kick “nuisance” parkers to the kerb

Friday 12 April 2019

Landowners could be given increased powers to remove vehicles parked on their property without permission, if a draft law to protect private land from “nuisance” parkers is passed by States Members.

In a move to clamp down on wheel-clamping and other measures taken by landowners harangued by people parking on their property – the law will allow them to remove unauthorised vehicles from private land.

The draft legislation, brought by Home Affairs Minister Constable Len Norman, proposes to enhance the authority of private landowners on their own property as well as to outlaw practices such as wheel clamping once and for all. 

The law has been in the works for some time, with Constable Norman bringing a proposition to this effect back in October of last year.

The proposed law lays out all of the circumstances in which landowners can take action against unauthorised or abandoned vehicles as well as “nuisance” short-stay parkers who are making use of their private land without permission.

Pictured: It is hoped that the new legislation will clamp down on wheel clamping.

According to the new legislation, if there is signage on the property indicating that parking is prohibited, landowners will be within their rights to remove the offending vehicle from their property immediately.

If the land is a field in the countryside, or some other site without “solid foundation”, owners are entitled to do the same – even if no signage is displayed. This, the law says, “is intended to prevent the excessive display of signage in the countryside.”

In all other circumstances, where signage is not displayed making it clear that parking is not allowed, the landowner must take all the required steps to inform the vehicle’s owner of the infraction before they take any further measures.

Pictured: The law lays out different measures depending on the amount of signage displayed on the property.

There are further requirements which need to be fulfilled should the landowner wish to sell or dispose of the vehicle after removing it from their property.

Of the draft legislation, Constable Norman said: “Motor vehicles that have been parked or abandoned on private land without permission can be a source of great frustration and cost to private landowners.

“The Regulations will provide private landowners with a series of measures to manage vehicles that have been parked or abandoned on their land without authorisation,” the Constable said, adding that the law “will also prevent private landowners from taking disproportionate action such as wheel clamping.” 

The law is due to be debated in the States Assembly at the end of May and, if approved, it will come into effect on 21 June this year.