Parking problems on private developments

Clamping and towing away on private land have been illegal in England and Wales since 1 October 2012. Parking on a private block or estate is now controlled with clear rules, signs, permits, barriers and parking charge notices. Here is what can and cannot be done.

Start with the lease or transfer

Your lease, or the transfer deed for a freehold house, sets out who may park where. It will say whether spaces belong to individual properties, are allocated or are shared, whether there is visitor parking, and whether there are limits on things like commercial vehicles, caravans or untaxed cars. Any parking scheme has to fit those rights.

Clamping and towing are banned

The Protection of Freedoms Act 2012 made it a criminal offence to clamp, block in or tow away a vehicle on private land without lawful authority. Only bodies such as the police, local authorities and the DVLA have that authority. A landowner, a management company or a managing agent does not. Signs that threaten clamping should not be displayed.

Parking charge notices

The lawful alternative is a ticketing scheme run by a parking operator. The main points are:

• The operator must belong to an accredited trade association, the British Parking Association or the International Parking Community, to obtain keeper details from the DVLA.
• Signs must set out the rules and the charge clearly.
• If the driver is not identified, the registered keeper can be held liable for an unpaid charge, as long as the operator follows the procedure in the 2012 Act.
• Drivers can appeal to an independent appeals service.
• An unpaid charge can only be enforced through the county court.

A statutory code of practice for private parking was promised under the Parking (Code of Practice) Act 2019. As at October 2026 it is still not in force, although the government has said it will publish the new code in autumn 2026. Operators work to the industry’s own code in the meantime.

Bringing in an operator is a decision for the freeholder or the directors of the management company. Residents and their visitors need a workable permit system, and it is worth checking that the lease allows any cost to be recovered. Many schemes are run at no cost to the development.

Barriers and bollards

Barriers, gates and bollards are lawful ways to keep out vehicles that have no right to be there. Before installing them, check that the lease allows the cost to be recovered through the service charge, and plan for maintenance, power failures and access for emergency vehicles.

Abandoned vehicles

An abandoned car is still someone’s property, so it has to be dealt with carefully, however much of a nuisance it is. The steps we follow are:

1. 01
   Check the vehicle

   Look up its tax status on GOV.UK and ask residents whether anyone knows the owner. A car being stored in a relative’s space is not abandoned.

2. 02
   Put a notice on it

   Fix a notice to the vehicle giving the owner a reasonable time to get in touch, and photograph the vehicle with the notice in place.

3. 03
   Report it to the council

   Councils must remove vehicles abandoned in the open air, and that includes private land, although they may need the agreement of whoever occupies the land first. You can report an abandoned vehicle online.

4. 04
   Remove it only as a last resort

   If the council will not act and removal is the only option, a reputable contractor should be used and a full record kept.

The cost of removal may be recoverable from the owner if they are a leaseholder and the lease allows it. Otherwise it may fall on the service charge, depending on the wording of the leases.

Untaxed vehicles

A vehicle kept off the public road must either be taxed or have a Statutory Off Road Notification (SORN). Paper tax discs ended in 2014, so the only way to check is online. If a vehicle appears to be untaxed with no SORN, anyone can report it to the DVLA.

Obstruction

Police powers to remove vehicles apply mainly to public roads. On private land their powers are limited, and the regulations that would extend them to obstructive or dangerous parking have not been made. If a vehicle is blocking access for fire engines or ambulances, tell us straight away, and call 999 if there is an emergency.

Reporting a parking problem

If you live at a development we manage, send your property manager the registration number, the location, the dates and a photograph. Parking is one of the most common causes of bad feeling between neighbours, and a polite word often solves it faster than anything we can do.

This article is general guidance based on the law in England in October 2026. It is not legal advice. Your lease or transfer deed always comes first, so check it, and take professional advice on anything in dispute. The TPI advice note attached to this article was last revised in March 2021. We have brought the position on vehicle tax and the parking code of practice up to date. You will find more answers in our FAQs.