The Writing's On The Wall

In Winterburn & another v. Bennett & another [2016] EWCA Civ 482 the Court of Appeal held that signs clearly visible to all stating that a car park was private property defeated a claim by a neighbouring owner that it had acquired a right to park thereon by long use.

Background

The case concerned a car park in Yorkshire. For many years it was owned by the Conservative Club Association which maintained a sign at the entrance which read "Private car park. For the use of Club patrons only. By order of the Committee". It was established that this and another similar sign on the Club building were "clearly visible to all users of the car park" and clearly informed all users "that it was a private car park for the use of Club patrons only". The signs were taken down in 2007.