Cars parking on private property?

kerby_crawler

It would be interesting to know what legal remedies are available to commercial car park operators.

Supermarkets, for example, place a limit on the amount of time which customers can park. But what do they do if the time is exceeded?

Avoriaz

SLITHER99 wrote: »

Plod were very clear that i wasn't to touch my blokey's motor! My solicitor even backed that up; all we could do was write him letters demanding he removed it or take them up the steps.

Neither the police nor the car owner were observing it 24/7.

Why didn't you just move it and deny responsibility?

Even if it could be proven that you moved it, provided you had done no damage, he would surely have no grounds on which to sue you for losses.

Avoriaz

red_eye wrote: »

iron filings only work in the rain

What do they do?

Leave rust spots?

SLITHER99

Avoriaz wrote: »

Neither the police nor the car owner were observing it 24/7.

Why didn't you just move it and deny responsibility?

Even if it could be proven that you moved it, provided you had done no damage, he would surely have no grounds on which to sue you for losses.

My solicitor advised that as I had motivation, I would be the first place the cops would come knocking and most likely get the blame for. And then, it wouldn't just be criminal damage but also taking without consent.

confusedmummy

SLITHER99 wrote: »

My solicitor advised that as I had motivation, I would be the first place the cops would come knocking and most likely get the blame for. And then, it wouldn't just be criminal damage but also taking without consent.

Was his car taxed? Why did he leave it there? You could always find out where he lives and dump an old car on his drive . You should have moved it before calling police/solicitor and then denied knowing anything about it.

briclegg

easy
decide you have got to paint something take it outside even if its a old piece of plywood.put it somewhere near the cab but not touching it.then get some paint and start painting,,oops a bits been blown by the wind onto the cab.not my fault

the paint should be in a colour that stands out on the cab.
even better if its blown onto the windscreen and bonnet and also on doors where passengers get in.

not very good when a cab is splattered with paint.

just unlucky that the cab is there when you have to paint something outside cos you cant have paint fumes inside.

but dont purposely shake brush onto cab a bit of aggressive brushing should be avoided cos it will send a lot of splatters all over the cab(if you get my meaning)
its your right to paint something your doing nothing illegal

he may then decide not to park there again cos getting rid of say red or bright yellow paint from a black car takes lots

Avoriaz

SLITHER99 wrote: »

My solicitor advised that as I had motivation, I would be the first place the cops would come knocking and most likely get the blame for. And then, it wouldn't just be criminal damage but also taking without consent.

You might have been the obvious suspect but, without evidence, there would have been no case against you.

You could have asked a few friends to move it for you.

The police would have had better things to do than investigate an insignificant incident and would probably have just told the car owner there was nothing they could do.

I think there is more to this than you are letting on.

artbaron

SLITHER99 wrote: »

My solicitor advised that as I had motivation, I would be the first place the cops would come knocking and most likely get the blame for. And then, it wouldn't just be criminal damage but also taking without consent.

Pushing a car off a drive does not constitute TWOC and even if you had driven it the police would not be interested in the slightest unless an evidential offence had been committed and there was clear evidence you had done it.

Sgt_Pepper_2

artbaron wrote: »

Pushing a car off a drive does not constitute TWOC and even if you had driven it the police would not be interested in the slightest unless an evidential offence had been committed and there was clear evidence you had done it.

It would be twoc if you went by the letter of the law. If you drove it, it would be without insurance.

George_Michael

Sgt_Pepper wrote: »

It would be twoc if you went by the letter of the law.

Maybe not. (unless it is covered in other legislation that has different wording)

Taking motor vehicle or other conveyance without authority.

(1)Subject to subsections (5) and (6) below, a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

So as artbaron stated, simply moving it from your drived wouldn't be a TWOC offence unless it could be proven that you intended to use the vehicle or to allowed it to be driven.

http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad_driving/

The elements of the offence are:

Taking
There must be some element, but more than mere movement - the vehicle should be used as a conveyance.