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When does parking on a retail park become trespass?

24

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Madmike46 wrote: »
    And every other person and customer who drives onto the land/visits the shops?

    they could just do as most of the other retail parks and supermarkets have done and get a parasite PPC in and hand out tickets every time you park up and leave the site, same as they do on staples car parks or the one at bury for example
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    It is their land, undoubtedly they have seen people park there while going to work. They have asked them to desist. They probably hope that is enough to stop people doing it.
    Damages for trespass are limited but if you forced them to act it could cost you.
    Cant you find elsewhere to park?
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    esmerobbo wrote: »
    It is their land, undoubtedly they have seen people park there while going to work. They have asked them to desist. They probably hope that is enough to stop people doing it.
    Damages for trespass are limited but if you forced them to act it could cost you.
    Cant you find elsewhere to park?


    If they win, which will be hard when you have a car park inviting people to park.
    Bit like asking certain people not to sit on a park bench.
    Be happy...;)
  • spacey2012 wrote: »
    If they win, which will be hard when you have a car park inviting people to park.
    Bit like asking certain people not to sit on a park bench.


    Exactly - especially as this OP says there are no signs or barriers at this car park - therefore no restrictions enforceable. It is also very difficult to get a blanket injunction which covers many people (or cars in this case) they would have to prove that each car owner was indeed trespassing.

    As per my previous post - photographic evidence is required to prove that at the point of this letter no restrictions are in force.

    Also OP - I have done a quick google of Harcourt Legal Services and nothing really concrete is coming up - is there another name or company registration number and again is this a bona fide solicitors firm registered with the SRA?
  • ampersand
    ampersand Posts: 9,716 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 10 February 2014 at 9:30PM
    Found her on LI - seems experienced, graduated Manchester '95.
    Doesn't help you op, but I'm astonished that - even now - no-one pops over road to speak to whoever is unhappy, check possible previous time/event line of which you were unaware.
    Can not employer, or your good self, seek to make[paying] arrangement even now?
    Is Derwent new landowner?
    - using Harcourt as witchfinder-general?
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  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 10 February 2014 at 9:29PM
    Your boss should send something like this in return.

    Dear solicitors .
    It would appear someone is sending stupid letters on your headed note paper making threats on behalf of your company.
    I am bringing this to your attention so you can find the fool responsible and prevent any more damage to you "reputable solicitors" standing.

    In the odd chance someone really did write such a silly letter, which I somehow doubt, I would refer you to the fact that my employees are only my employees when they are working for me on my premises, what they do before they start work and where they may park a car if any, is not a matter for my concern as they are not employed by me until they arrive for work.
    As I do not instruct my employees on how to live their lives outside of employed hours I am unable to assist you any further.
    As you are aware of data protection, I am also unable to confirm if details of employees of this firm with a third party.
    Thank you have a nice day.
    Be happy...;)
  • Madmike46
    Madmike46 Posts: 7 Forumite
    edited 10 February 2014 at 9:34PM
    Also OP - I have done a quick google of Harcourt Legal Services and nothing really concrete is coming up - is there another name or company registration number and again is this a bona fide solicitors firm registered with the SRA?

    At the top of the letter there is a letter head which is an image file so it didn't copy into the post.

    Harcourt Surveyers and Property Managers.

    Harcourt Limited,
    The Management office,
    The Ellesmere Center,
    Walkden,
    Manchester,
    M28 3ZH.

    I have pictures of the carpark in question but unfortunatly cannot post links due to being a new user, but like I said, not a single sign on the whole property.

    When ever something such as this happens I always question it to make sure its legal/legit. I don't like to be a sheep that just gives in at the first sign of confrontation. If Im breaking the law then obviously I will stop parking there I just wanted to make sure that there not "making the law up" to deter people from parking there.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This reads as a Michael Perkins thread.

    The recipient of the letter can simply reply saying they should take up the matter with the drivers.

    If it was a better written letter I would suggest they are trying to withdraw their open invitation to park there like shoplifters are told not to return to particular shops so any future incident becomes burglary instead of shoplifting.

    Personally I'd stop parking there and walk 10 mins, much better for your health.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    edited 10 February 2014 at 10:11PM
    Madmike46 wrote: »
    At the top of the letter there is a letter head which is an image file so it didn't copy into the post.

    Harcourt Surveyers and Property Managers.

    Harcourt Limited,
    The Management office,
    The Ellesmere Center,
    Walkden,
    Manchester,
    M28 3ZH.

    I have pictures of the carpark in question but unfortunatly cannot post links due to being a new user, but like I said, not a single sign on the whole property.

    When ever something such as this happens I always question it to make sure its legal/legit. I don't like to be a sheep that just gives in at the first sign of confrontation. If Im breaking the law then obviously I will stop parking there I just wanted to make sure that there not "making the law up" to deter people from parking there.


    So they are not solicitors after all - and I agree with the above poster and think this is a direct dig at our nothern legal rep KIFL madmike46 porky pie

    Especially apt with the timing too.
  • headpin
    headpin Posts: 780 Forumite
    Part of the Furniture 500 Posts
    So they are not solicitors after all - and I agree with the above poster and think this is a direct dig at our nothern legal rep KIFL madmike46 porky pie

    Especially apt with the timing too.

    They never said they weird solicitors. The person writing the letter said they were in the in-house solicitor. Same as saying they are the in-house accountant - that doesn't mean the company is a firm of accountants.

    Like above, your boss should just respond that the vehicles are not those belonging to the dealership and it would not be appropriate to comment as to who or who not they may belong to.
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