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Another PPC loss!
esmerobbo
Posts: 4,979 Forumite
Quote!
I am pleased to report that based on the wording of the carpark notices that the judge held that there was no enforeable contract in place & that any action against me should have been brought by the landowner for trespass.
http://www.consumeractiongroup.co.uk/forum/showthread.php?314096-Penalty-Charge-Notice-from-Total-Parking-Solutions....Help-please.../page4
Although tagged onto a TPS thread it seems it was Minster Baywatch.
I am pleased to report that based on the wording of the carpark notices that the judge held that there was no enforeable contract in place & that any action against me should have been brought by the landowner for trespass.
http://www.consumeractiongroup.co.uk/forum/showthread.php?314096-Penalty-Charge-Notice-from-Total-Parking-Solutions....Help-please.../page4
Although tagged onto a TPS thread it seems it was Minster Baywatch.
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Quote!
I am pleased to report that based on the wording of the carpark notices that the judge held that there was no enforeable contract in place & that any action against me should have been brought by the landowner for trespass.
http://www.consumeractiongroup.co.uk/forum/showthread.php?314096-Penalty-Charge-Notice-from-Total-Parking-Solutions....Help-please.../page4
Although tagged onto a TPS thread it seems it was Minster Baywatch.
There is not much detailed background on this from the OP on CAG but I find it interesting that the judge said that the landowner should have brought action for trespass!!! One assumes that this was a private car park, so unless the OP had at any point been served/sent some sort of banning notice then a trespass claim would have fallen at the first hurdle?0 -
And what could they have claimed for that "trespass"? I would have thought nothing.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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They could sue for "value of the benefit received" which would be zilch in a free car park, or the parking fee in a P&D!
Clampers get away with it I assume because the benefit is the cost of removing the clamp!0 -
They could sue for "value of the benefit received" which would be zilch in a free car park, or the parking fee in a P&D!
Clampers get away with it I assume because the benefit is the cost of removing the clamp!
That would be my understanding exactly. Also, they can remove your vehicle if it is trespassing (and of course you are, because they have already 'banned' you explicitly from using their land in the case of a private car park inviting the public to use it!). But only remove it from their land and then leave it at a safe and suitable public location as close to the original site as possible, and inform you what they have done with it. I suspect they could seek cost of removal but nothing else.0 -
This was a now-show by Minster. So the case was tried in their absence.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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