Is it illegal to leaflet distribute to private roads?

[CroydonLeaflets]

Just wondering?
I have a enquiry from a lady who wants to have her leaflet distributed to a large private estate where all the roads are private.
I've heard this is illegal but can't find anything on google.
Thanks

 

[Paul_Rosser]

Found this "we do not deliver to private roads as this is illegal" on here -

http://www.leafletdeliveries.co.uk/faq.html

Same on here - http://www.atoz-uk.com/Terms.html

So guessing it's illegal, possibly because you may be trespassing simply by being there, which is covered here - http://uk.answers.yahoo.com/question/index?qid=20080915025259AAqoyFd

 

[JonathanSEO]

Doesn't seem too much info on it.

To be honest the chances of getting caught for something like this are minuscule though. I'm pretty sure takeaways will drop menus through doors on private roads.

At worst you'll get kicked off the land. Although if that happens and you only dropped off half the leaflets do you refund the client?

Hire a helicopter and drop them from the sky.

 

[PrestonLad]

Amazed by this suggestion (but have no legal knowledge).

I live on a normal cul-de-sac. You have to walk on my private land (10yds from my garden gate to the house) in order to push a leaflet through my door.

In principle, I see no difference from this situation compared to if you'd had to walk 30 yards along a 'private' road in order to get to my front gate. Or a hundred yards, or a mile.

Doesn't make sense to me, unless there is a clear sign a the entrance to the private road saying 'no callers' or something like that.

 

[Homer J Simpson]

My understanding is that posting is not considered trespassing. At least not on 'public' roads even if you walk onto 'private' land to actually post the item.

 

[maxh]

It is probably considered littering or fly tipping.

 

[Steve Sellers]

There is an assumed consent at law for delivering mail to houses etc. Whether it is trespass or not, unless its criminal trespass then its not a criminal offence anyway. (but perhaps a civil tort)

 

[simong93]

I would have to say no they always post leaflets through my door and i always chuck them back

 

[Berkshire Business]

I agree, I would say not. You might find it would be a waste of time for you.

 

[daniel.benson]

I believe its civil trespass.

Here in Manchester you need a licence to disrepute leaflets within some public areas.

 

[Daxo]

I believe its civil trespass.

Here in Manchester you need a licence to disrepute leaflets within some public areas.

I do not believe the OP is talking about distributing free literature on a public highway, an activity one would require a licence for in many boroughs and towns as you have alluded to.

I do not know of the legalities of it but I wonder more about the practicalities of distributing to private roads. Would you be able to gain access to such roads? Some private roads have access controls such that only residents and bonafide visitors may enter. These could be in the form of a rather large gate at the entrance with permanent concierge and/or security guards in place, or there may be an access control panel and so on.

There may also be signage indicating that leaflet distributing is prohibited (as well as door to door salesmen and so on). If you would not distribute to houses on a public road which advise "no junk mail" then would you distribute to a private road which had signage at the "front" of the road indicating the same?

If there is no signage as stated above and you do gain access you may simply be asked to leave by residents, this is not uncommon on private roads.

 

[daniel.benson]

I do not believe the OP is talking about distributing free literature on a public highway, an activity one would require a licence for in many boroughs and towns as you have alluded to.

Sorry, I was just pointing out the above... I should of made it more clear what I was trying to say.