Parking on Private Land - Trespass Notice

give_them_FA

It is all pure bullsh*t from start to finish. Just ignore them andydakin, this is just a slight variation on the usual scam.

ashleypride

andydakin wrote: »

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.

Yes, a PPC using trespass is more clueless than the average knuckle dragger.

Usually PPCs give permission to use the carpark, and then charge you parking through a civil contract, if you fail to pay they try to 'fine' because you have breached the terms and conditions of said contract.
Here, they haven't given you permission to park, and you were not informed to 'get off my land' by the landowner when you were on it. Therefore they have no claim, no possible damages have occured, and they are not the landowner. The advice of ignore, ignore, ignore stands.

You can sleep safe in the knowledge these monkeys wouldn't ever do court.

andydakin

Thanks all. I'll add it to my 3" thick file full of CP Plus/Parking Eye notices.

give_them_FA

It sounds like rubbish because this team is trying to impersonate the authority of local councils, who "register the charge" because the law entitles them to. However, these plums don't appear to realise that the charge isn't registered at a County Court, but at the Traffic Enforcement Centre which is an agency dedicated to the task.

Totally dishonest bunch of chancers; but I have no doubt people get fooled into paying. Not Andydakin though, thank goodness!

Aretnap

ashleypride wrote: »

Here, they haven't given you permission to park, and you were not informed to 'get off my land' by the landowner when you were on it. Therefore they have no claim, no possible damages have occured, and they are not the landowner. The advice of ignore, ignore, ignore stands.

Just to pick a couple of minor nits.

You don't have to be told to "get of my land!" to commit trespass - you're trespassing as soon as you enter the land without permission, or exceed the permission you were given.

You don't have to be the landowner to bring an action for trespass - the occupier (eg a tenant) can also bring an action, but the important thing is that you have "possession" of the land, and in most cases a PPC contract will not give them sufficient rights to be considered to be in possession of he land. After all, would you give all your rights over your own land to a PPC?

And trespass is one of the few torts (the only other one I can think of is defamation) which does not require the plaintiff to show an actual loss in order to bring an action; however unless they can show a loss they can only claim nominal damages. I've seen nominal damages variously interpreted as £1, £2 and £5, but not £100+VAT, and VAT isn't payable on trespass damages in any event, which was one of the reasons for the VCS tax case.

None of this means that the PPC have a case.

trisontana

give_them_FA wrote: »

Totally dishonest bunch of chancers; but I have no doubt people get fooled into paying. Not Andydakin though, thank goodness!

This even extends to their fancy website. I doubt very much that those professional-looking people pictured on their website actually work for them. Mind you, if they did show the shaven headed, knuckle-draggers who I imagine do work for them, then they would't attract much business.

fb1969

Looking at this page of their website www.proserve.co.uk/CaseStudy.html and the linked document that explains 'the Enforcement protocol at Trinity Distribution Park Felixstowe' they possibly break the record for the misuse of words such as "fine" and "penalty" :rotfl:

demented_weasel

Classic statement from the case study:

"Our objectives are to maintain a fee flow of traffic both inbound and


Outbound."

vax2002

This is one of the fastest growing get rich quick schemes going, all sorts of No neck thickos are jumping on the boat, our job is to inform people that it is just another scam dreamt up by crooks to steal your wages as they dont want to do the hard work bit.

Dublindel

Looked on BPA and SIA websites and found no trace of Proserve. So the question is, how are they acquiring drivers details? No BPA logo on website either. Is this criminal and reportable or what!