VIC Unwanted parking in a customer car park

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Woodies49

Member
28 October 2018
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We have a private customer only carpark in the rear of our shop that is being frequented by non-customers. We are yet to do anything about it but was given advice that if we were to follow this sort of signage we can take action. The advice is as follows: "if there is a clear sign outside the car park entrance that warns drivers if they do not have permission to park, they consent to their cars being clamped or towed, and the sign is enforceable as a "contract" then they will have effectively given you their consent." Is this advice sound?
 

Adam1user

Well-Known Member
5 January 2018
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We have a private customer only carpark in the rear of our shop that is being frequented by non-customers. We are yet to do anything about it but was given advice that if we were to follow this sort of signage we can take action. The advice is as follows: "if there is a clear sign outside the car park entrance that warns drivers if they do not have permission to park, they consent to their cars being clamped or towed, and the sign is enforceable as a "contract" then they will have effectively given you their consent." Is this advice sound?

I think it is, but best way to confirm is to ask the council for your area, they should provide the proper advice.
 
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Scruff

Well-Known Member
25 July 2018
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NSW
You need to have a formal agreement with the council.

The relative legislation is Part 7A of the Vic Road Safety Act 1986
ROAD SAFETY ACT 1986
 

CSFLW

Well-Known Member
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24 September 2018
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Without getting in to the history of the case law, do not assume that a sign notifying people that it is private car park is an enforceable contract.

The complicating factor is that you may not know who is a customer and who is not and I assume it is private property they are parking on as opposed to a public car park.

If you clamp the wrong car or get it towed you may be sued.