Owners of private land may impose contractual restrictions on those who gain access to their land.
The Protections of Freedom Act 2012 provides ways by which a landowner can identify unknown users of their land in relation to motor vehicles accessing their property. The Act also recognises that users enter into a contract when they gain access to private land as long as the terms of the contract are clearly displayed on the site using appropriate signage.
The Department of Transport has produced guidance relating to the recovery of charges made for parking on private land. The link below leads to a .pdf the DfT guidance notes
As wheel clamping or towing away has been prohibited by the 2012 Act for most private land occurrences, land owners are clearly mandated to charge for either authorised or unauthorised parking as long as the terms of the contact entered into are displayed on the site.
Given these circumstances, drivers make a conscious decision to remain on the land or not. Where they choose to remain they agree to the terms of the site contract.
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