| Commentary

132 Unauthorised parking

| Commentary

132 Unauthorised parking

Where a garden has an open access to a road or is unenclosed, car owners may trespass by parking their vehicles in the garden without authority. The landowner may clamp the wheels of vehicles wrongfully parked and will not be guilty of a criminal offence, nor for the tort of interference with property, provided that a contract is established with the car owner through the display of a notice and by the car owner acting in compliance with the notice1. A garden owner is not in the same position as the police or local authority which have

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