Parking on Private Land - Trespass Notice

Toby224

!!!!!! wrote: »

Toby, which PPC do you belong to? Not a bit of a 'duff'er by any chance?

Don't belong to a PPC I have a haulage company that needs to use that estate, Vital to my business, why is my solicitors advice incorrect, we were stopped from entering the estate.

The advice we recieved was the landowner has the right to refuse entry, instead of just saying our advise was rubbish tell me why.

bazster

Toby224 wrote: »

Don't belong to a PPC I have a haulage company that needs to use that estate, Vital to my business, why is my solicitors advice incorrect, we were stopped from entering the estate.

So if your wagons have legitimate business there they weren't trespassing, were they?

Toby224 wrote: »

The advice we recieved was the landowner has the right to refuse entry, instead of just saying our advise was rubbish tell me why.

I already did. Try reading post #34.

Toby224

bazster wrote: »

So if your wagons have legitimate business there they weren't trespassing, were they?



I already did. Try reading post #34.

According to my solicitor as we recieved a notice from the landowner that we we not allowed to come onto the estate, when we came back we were trespassing, Meaning our entry onto the estate became unlawful

trisontana

There is no (statute) law against civil trespass. So there is nothing "unlawful" at all.

esmerobbo

Toby224 wrote: »

According to my solicitor as we recieved a notice from the landowner that we we not allowed to come onto the estate, when we came back we were trespassing, Meaning our entry onto the estate became unlawful

What do the businesses who you deliver or pick up from on this estate think about you not being able to get to their premises?
They pay rent to the owners, so why don't they insist you are allowed on site.

bazster

Toby224 wrote: »

According to my solicitor as we recieved a notice from the landowner that we we not allowed to come onto the estate, when we came back we were trespassing, Meaning our entry onto the estate became unlawful

You are making no sense at all. According to your first post here you received 2 of Proserve's stupid notices before you got banned from the estate. But if you had legitimate business on the estate you can't have been trespassing, so how did you get two of their notices?

How much did you pay a solicitor to tell you that a landowner can refuse you access to his land? I'd have told you the same thing for a fraction of what your solicitor charged you, the technical term for it is "a statement of the bleeding obvious".

Where your solicitor is talking out of his backside (that is, if you are for real and you haven't just made all this up) is to say that you "had given implied consent to the charge". What charge? Those morons at Proserve are alleging trespass, there is no question of a "charge" for trespass, only damages (if there were any, which there almost certainly weren't). Really, you seem to have a solicitor who can't tell the difference between trespass and breach-of-contract.

Toby224

esmerobbo wrote: »

What do the businesses who you deliver or pick up from on this estate think about you not being able to get to their premises?
They pay rent to the owners, so why don't they insist you are allowed on site.

I did ask one of our clients if they can assist by requesting that we come on to pick up and deliver, they were not interested our business is hard at the moment and the people we work for are not interested in our problems, many companies will take our place

Toby224

bazster wrote: »

You are making no sense at all. According to your first post here you received 2 of Proserve's stupid notices before you got banned from the estate. But if you had legitimate business on the estate you can't have been trespassing, so how did you get two of their notices?

How much did you pay a solicitor to tell you that a landowner can refuse you access to his land? I'd have told you the same thing for a fraction of what your solicitor charged you, the technical term for it is "a statement of the bleeding obvious".

Where your solicitor is talking out of his backside (that is, if you are for real and you haven't just made all this up) is to say that you "had given implied consent to the charge". What charge? Those morons at Proserve are alleging trespass, there is no question of a "charge" for trespass, only damages (if there were any, which there almost certainly weren't). Really, you seem to have a solicitor who can't tell the difference between trespass and breach-of-contract.

In my first post I neglected to tell you we recieved a notice of trespass for parking on the road the same as Andy. As you are so knowledgable and free with your advice, how do I get my money back if it has been extorted from me

bazster

Toby224 wrote: »

In my first post I neglected to tell you we recieved a notice of trespass for parking on the road the same as Andy. As you are so knowledgable and free with your advice, how do I get my money back if it has been extorted from me

Tough, you can't now. You could've contested the court case you say was filed and you'd have won if you'd done it properly (i.e. without the help of the solicitor who doesn't understand the difference between trespass and breach-of-contract). And maybe then the landowner would've accepted that the "charges" were half-baked nonsense and permitted you back on the estate. Or maybe not: if the landowner is cheesed off with your wagons parking where they're not supposed to then he's every right to deny you access.

Coupon-mad

Toby224 wrote: »

In my first post I neglected to tell you we recieved a notice of trespass for parking on the road the same as Andy. As you are so knowledgable and free with your advice, how do I get my money back if it has been extorted from me

You sue in the Small Claims Court of course...you know, that same Court that PPCs pretend they will use.

A PPC cannot take action for trespass, even as an 'agent' of the landowner. A PPC cannot form a contract with a motorist either, in a place like the one you describe, so the fake PCNs were meaningless rubbish.

A PPC is just a parasite bloodsucking leech on the back of real companies. If they actually extorted money from you I feel sorry for you - and your Solicitor is an idiot of the highest order.