Parking on Private Land - Trespass Notice

Toby224

bazster wrote: »

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.

If this company has extorted this money from me wrongfully can I not report this to the police ?

Half_way

In an ideal world, then yes, it would be a police matter ( extortion/demanding money with menaces etc etc)
but on planet reality its going to be classed as a civil matter and as such you need to use the small claims courts.

Your solicitor/legal bod may do well to take a look at a case from the past, Dunlop Pnuematic tyre co LTD, Vs New Garage and motor co LTD which basicly states that a private compna or individual can not make as penalty charge against another private company or indvidual, they can olnly sue for genuine losses and that doesnt include uniforms/stationary/teabags that are used/required for the buisness, or toothbrusshes that may be required by the courts for contingency plans.

Stephen_Leak

Dunlop Pneumatic Tyre Co. Ltd. vs. New Garage & Motor Co. Ltd., House of Lords, 1914

VCS Parking Control vs. Ronald Ibbotson, S!!!!horpe, 2012

societys_child

Toby: Why didn't you just use an unmarked truck or a hired one? We used to, if we didn't want any nosy idiots to know who was entering and leaving the premises. You're not very bright are you.

esmerobbo

Can we cut Toby224 a bit of slack here, he and more so his solicitor has fallen for a scam, its not illegal for these companies to ask for these payments, they are just unenforceable in the county court.

Unfortunately Toby224 was badly advised by his solicitor how many of us would question a solicitor if we were not clued up on these things?

He may have been trying to sort this out to allow his vehicles to be able to gain access to the estate. Remember the people on the gate have the upper hand and can stop anyone gaining access.

As for using un-liveried vehicles I used to be in haulage and a lot of companies especially docks will not load an un-livered truck. I sat on Tilbury dock for two days once trying to get a container released as I was using a unmarked demonstrator!

esmerobbo

Toby224 wrote: »

If this company has extorted this money from me wrongfully can I not report this to the police ?

Well its not exactly illegal just not enforceable, after all I could ask you for £50 for reading this, but I would have no way of making you pay me.
Of course if you want too I can PM my address.;)

bazster

esmerobbo wrote: »

Unfortunately Toby224 was badly advised by his solicitor how many of us would question a solicitor if we were not clued up on these things?

I question anyone and everyone no matter how many letters they've got after their name, and if I'm unconvinced I do my own research.

Solicitors, doctors and other so-called "professionals" don't have magic powers, they are quite capable of being idiots.

esmerobbo

bazster wrote: »

I question anyone and everyone no matter how many letters they've got after their name, and if I'm unconvinced I do my own research.

Solicitors, doctors and other so-called "professionals" don't have magic powers, they are quite capable of being idiots.

I quite agree I had loads of these things for my vehicles even going back when the actual service area companies used to try and charge me £25 for dropping a trailer on the services. After the first ( which wasn't paid) I clued up and never paid one of them.
However I have spoken to solicitors who believe they should be paid!

societys_child

esmerobbo wrote: »

As for using un-liveried vehicles I used to be in haulage and a lot of companies especially docks will not load an un-livered truck. I sat on Tilbury dock for two days once trying to get a container released as I was using a unmarked demonstrator!

Yes they will, I've done it numerous times. Just takes a little ingenuity.

As for toby, I think he's troll tbh.

esmerobbo

societys_child wrote: »

Yes they will, I've done it numerous times. Just takes a little ingenuity.

Today yes! I did say once!