VIC Unwanted parking in a customer car park

Discussion in 'Traffic Law Forum' started by Woodies49, 28 October 2018.

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  1. Woodies49

    Woodies49 Member

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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?
     
  2. Adam1user

    Adam1user Well-Known Member

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    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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  3. Woodies49

    Woodies49 Member

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    thanks Adam1
     
  4. Scruff

    Scruff Well-Known Member

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  5. CSFLW

    CSFLW Well-Known Member
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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.
     
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