Chips are down for business owners in landmark case

THE Court of Appeal has ruled against the owners of a Keighley fish and chip shop in a landmark case which lawyers say could have an impact on thousands of Yorkshire businesses.

Trevor and Elizabeth Winterburn have been told their customers must no longer park in an adjacent car park owned by the Ingrow and Hermit Hole Conservative Club, in a ruling which states that visible signage can prevent unauthorised parking from becoming a legal right.

For more than 20 years, customers and suppliers of the chippy had used the car park despite a clearly visible sign which reads “Private car park. For the use of Club patrons only”.

Mr and Mrs Winterburn had argued that this use could become a legal right after 20 years because it was “without force”, “without secrecy” and “without permission”, as is required by law.

However, The Court of Appeal ruled that the presence of a clear and visible sign was enough for use of the car park to be ‘forceful’ and therefore no legal right was acquired.                                                                                                                                                               
The judge also emphasised that a land owner should not have to go to court to prevent wrongful users of land from acquiring rights.

Richard Cressall, a property litigation solicitor at Yorkshire law firm Gordons, said: “This ruling highlights the importance of clear, correct signage in car parks and could potentially have an impact on businesses across the region.
 
“Any organisation with an easily accessible car park will not always know whether every car parked on their land belongs to a customer or a patron, but if they have clear and easily visible signage it should now protect them against any unlawful users acquiring rights.
 
“However, it is important to ensure signs in the right place, there enough of them and they say the right thing. Despite the Court of Appeal’s ruling on car parking, the customers of the fish and chip in Keighley have been granted rights to walk over the forecourt of the Conservative Club because the signs only referred to use for car parking.
 
“Organisations must also remember that clear signage is also very important if they are using automatic number plate recognition or ticketed barriers to charge for parking or impose fines/penalties for unlawful use.  If the signs cannot be seen, penalties may be unlawful.”
 
 
 

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