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Parking on Private Land - Trespass Notice
andydakin
Posts: 27 Forumite
The company I work for has received a "Notice of Trespass" in relation to one of our wagons being stopped on the roadside on a provate industrial estate in Felixstowe. This was recorded on CCTV. The agents, Proserve Enforecment Solutions issued a Notice for Trespass on 10th May for £100 (plus VAT) which we ignored in the same way as we would for a private company issuing a parking PCN. We have now received a second letter with a 50% additional charge suggesting that if payment is not received by Friday 1st June they "will" register the charge with the County Court. Usually the parking PCN's use the word "may" rather than "will".
Are we in a different situation because they are using Trespass rather than just an ordinary parking notice? I would appreciate anyone's experience or advice with Proserve Enforcement or this type of notice.
Are we in a different situation because they are using Trespass rather than just an ordinary parking notice? I would appreciate anyone's experience or advice with Proserve Enforcement or this type of notice.
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How exactly does a company register a charge with the county court lolHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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Nobody can "register" a debt with a county court; they would have to make a money claim, and prove that your company's alleged trespass cost them the amount they are claiming.... Are we in a different situation because they are using Trespass rather than just an ordinary parking notice? I would appreciate anyone's experience or advice with Proserve Enforcement or this type of notice.
Which, of course, it didn't. I would ignore this, just like any other unlawful penalty charge from a pivate company.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
The actual wording states: "If the balance outstanding is not received..............we will register the penalty charge as a debt at the County Court".
Does the use of the word Trespass make a difference?
I am definitely of a mind to ignore as usual but there's just something nagging at me with this one.0 -
Did they really say "penalty charge" ?
If so, they are frauds and its a criminal matter under Section 40 of the Administration of Justice Act. IGNORE!0 -
The letter is headed "Notice for Trespass". It then goes on to refer to "The Penalty Charge", and "Penalty Notice".
Researching these people online, I came across a submission to Parliament from them regarding the Protection of Freedom Bill in which they claim all sorts of things.0 -
They can't levy a penalty charge. Ignore.0
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Did they really say "penalty charge" ?
If so, they are frauds and its a criminal matter under Section 40 of the Administration of Justice Act. IGNORE!
From their website - " We are able to provide mobile enforcement services, clamping, tow away, Fixed Penalty Notices with removal and storage facilities".
OP, ignore these idiots.0 -
They are idiots!
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The letter is headed "Notice for Trespass". It then goes on to refer to "The Penalty Charge", and "Penalty Notice".
Researching these people online, I came across a submission to Parliament from them regarding the Protection of Freedom Bill in which they claim all sorts of things.
Hahahaha :rotfl:
Hadn't seen this pile of drivel before!
Just ignore them. They may well have bailiffs section - as do Newlyn - but it doesn't mean they are enforced to use bailiff powers over a fake PCN for property they do not even own.
Only the landowner can sue for damages (if any can be shown) for trespass.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Have a look at their "business" address .
https://maps.google.co.uk/maps?q=IP3+0AP&hl=en&ll=52.049602,1.167507&spn=0.001262,0.002411&hnear=Ipswich+IP3+0AP,+United+Kingdom&t=h&z=19&layer=c&cbll=52.049639,1.16764&panoid=3gCo5Mali4ONAFyHD9hj0A&cbp=12,110.68,,0,17.08
Do they look like the sort of "organisation" that can issue fines...Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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