When does parking on a retail park become trespass?

Madmike46

Hi everyone.

Basically where I work there is a lack of parking space for all employees(car dealership).

There is a small retail park accross the main road from my work, where Ihave been leaving my car everyday for nearly a year.

The retail park is small and quiet. There are 3 shops on the park.Bathstore, Mobalpa, and Bensons for beds. The carpark never fills up anywherenear full capacity, not even 1/3 of the spaces are occupied at any one time. Ileave my car tucked away to one side so as not to interfere with their businessect.

There are no signs that restrict parking, Security guards, private land, parking duration,ticket threats, nothing at all. There is no barrier blocking access to the carpark.

Today every employee received an e-mail from our director saying that thein-house solicitor for the freeholding company had contacted him to confirmthat all vehicles belong to individuals and not the car dealership, before theytake legal proceedings further to a County Court.

They are accusing myself and fellow employees of "persistent Trespass".

I would obviously like to continue parking there as the next car park is 10mins walk away.

So my questions are:

When does parking on a public access retail car park become Trespass?

Does there need to be signs up stating "private land"? ect

I can enclose pictures and letters from the Freehold Company if required.

Any help would be appreciated.

Regards Mike

kirkbyinfurnesslad_2

Could you post up the letters you have received please with the personal bits removed?
You will need to post up the link with the www removed and we will convert it for you

HO87

It is reasonably clear that any further use of the car park will be regarded as trespass so I would desist. Given that there are no warning signs, that (presumably) you have never been warned that you should not use the car park and have never received any other form of notice or warning one wonders how you are going to be pursued?

As you have simply used an area specifically intended for use to park cars what "damage" you may have caused? On that basis, whilst I would no longer use the car park, I would not be overly concerned about being pursued for a large sum of money.

bod1467

As said, unless there are obvious signs that parking is for customers only, and/or you have received previous notification to not park there, then it just sounds like a fart - all wind and no substance.

But as you have NOW received notification, don't park there again. Alternatively make an offer to rent a parking space there?

Madmike46

Dear Sirs

Re: Trespassat 280 Winwick Road, Warrington(“Property”)

I am the in-house solicitorto the Derwent Group Holdings Limited group of companies.

Derwent Holdings Limited (“Derwent”) are the freeholder owner of theProperty, and which is registered at the Land Registry under title numberCH448016.

It has come to the attentionof Derwent that employees of Jones (Warrington) Ltd (“Company”) and others associated with the Company are parkingillegally at the Property.

It was observed on Tuesday 4thFebruary 2014 that vehicles belonging to persons employed by the Company and/orassociated with the Company’s business at Winwick Road, Warringtonwere parking illegally at the Property.

Please see attachedphotographs of two of the offending vehicles, taken on Tuesday, 4thFebruary 2014.

At common law the enter ofany person onto land owned by another without permission being granted by theowner is a trespass.

Trespass is actionable per se meaning that it is not necessaryto show that the trespass has caused any damage in order to bring a court claimagainst the trespasser. Any damage which it caused by trespassers entitles theowner of the land to also bring a court action for the tort of conversion,claiming further compensation for the damage caused.

As you will no doubt beaware, parking at the Property is provided for customers of the businessestrading at the Property, not for employees and/or visitors to other premiseslocated outside the Property. The unlawful parking reduces the number ofparking spaces available to our tenants and their customers at the Property,which is unacceptable and may lead to a loss of trade for the tenants at theProperty. The unlawful parking of vehicles by the Company and/or its employees amountsto persistent trespass. The entering and parking on the Property is without thelicence or consent of Derwent and must immediately cease.

Derwent Holdings Limitedrequires you and your employees and others connected with the Company to desistfrom further trespass on the Property. Derwent further requires you to take allsteps necessary to prevent employees and others associated with the Company,including visitors to the Company’s premises on Winwick Road, from doing so.

If the trespass continues,please note that Derwent will take whatever further action it sees appropriateincluding seeking an injunction forbidding the trespass at the Property . TheCompany will be required to pay the costs of this action and if the terms ofany injunction are breached, please note that this is a criminal offence in contemptof court.

This is a letter beforeaction within the meaning of the Civil Procedure Rules 1998 and the associatedPre-Action Protocol. Sending a letter before action is a formal step beforelegal proceedings are issued against the Company in the County Court.

Derwent requires you torespond to this letter within 21 days. If you fail to respond, the Court maytake the view that this is an unreasonable refusal to attempt to resolve thismatter and you may be liable to incur any legal costs which Derwent incur.

Yours faithfully

SarahSweeney, Solicitor
HarcourtLegal Services

Nodding_Donkey

I guess you have to stop parking there then.

Madmike46

I have stopped parking there for now obviously. I was just wondering how they would enforce trespass on a retail carpark considering customers come and go all day. What makes everyone else allowed apart from me? If I go in the shops and walk around for a minute everyday would I then be classed as a customer?

Regards
Mike

The_Slithy_Tove

Madmike46 wrote: »

I was just wondering how they would enforce trespass on a retail carpark considering customers come and go all day. What makes everyone else allowed apart from me? If I go in the shops and walk around for a minute everyday would I then be classed as a customer?

They answered that one in their letter. They would seek to get an injunction against you which, if broken, could land you in jail for contempt of court.

4consumerrights

Is this company Harcourt Legal Services registered with the SRA?

I wonder who dobbed you in - someone at the retail park with a grudge against the car dealership maybe?????

Take some photographs of the car park - showing that there are no current signs in place restricting parking - if the company needs to seek an injunction they would have to prove that to park there would be trespass and that the car park is for customers only. Your company could challenge this if there is photographic evidence to disprove this.

Madmike46

The_Slithy_Tove wrote: »

They answered that one in their letter. They would seek to get an injunction against you which, if broken, could land you in jail for contempt of court.

And every other person and customer who drives onto the land/visits the shops?

spacey2012

As them to quote the relevant "legal legalisation" that is been broken by parking your car in a car park.
Even trespass is a civil matter.