Don't pay unfair private parking tickets - a con?

Nodding_Donkey

Are you saying that tarmac never needs replacing? Driving on grass does no damage?

nobbysn*ts

Nodding_Donkey wrote: »

Are you saying that tarmac never needs replacing? Driving on grass does no damage?

I've been on a lot of free car parks, so it's not a cost to those. Grass grows back, with no damage.

bazster

nobbysn*ts wrote: »

But trespass causes no damage to your land, when the driver moves off, you still have your land. So how do you justify the £10 invoice for nothing?

Damages for trespass can be calculated as the notional benefit the trespasser has obtained from his trespass. So that would be whatever it would've cost the trespasser to park in that neighbourhood had he paid for his parking. Plus, of course, since The Deep is not kitted out with ticket machines on his property for the use of his trespassers it's going to cost him money to track down trespassers and obtain the damages from them.

I think he's letting them off lightly with £10.

nobbysn*ts

bazster wrote: »

Damages for trespass can be calculated as the notional benefit the trespasser has obtained from his trespass. So that would be whatever it would've cost the trespasser to park in that neighbourhood had he paid for his parking. Plus, of course, since The Deep is not kitted out with ticket machines on his property for the use of his trespassers it's going to cost him money to track down trespassers and obtain the damages from them.

I think he's letting them off lightly with £10.

If he wanted to charge, he needs to make sure he has the means to let me pay on the day. So, no ticket machines, no way of paying. So he can't pursue a cost later. If he doesn't want me to park for free, walls and barriers. As for damage for trespass being the notational benefit, he'd be laughed out of court.

bazster

nobbysn*ts wrote: »

If he wanted to charge, he needs to make sure he has the means to let me pay on the day. So, no ticket machines, no way of paying. So he can't pursue a cost later. If he doesn't want me to park for free, walls and barriers. As for damage for trespass being the notational benefit, he'd be laughed out of court.

Once again you display spectacular ignorance of the law. I find it best to keep quiet on subjects about which I know nothing, you might want to try it.

Have you figured out what "without prejudice save as to costs" means yet? Or indeed how to use Google?

nobbysn*ts

bazster wrote: »

Once again you display spectacular ignorance of the law. I find it best to keep quiet on subjects about which I know nothing, you might want to try it.

Have you figured out what "without prejudice save as to costs" means yet? Or indeed how to use Google?

You'll be telling us ppc's are doing a good job next.

Guys_Dad

nobbysn*ts wrote: »

But trespass causes no damage to your land, when the driver moves off, you still have your land. So how do you justify the £10 invoice for nothing?

In IT terms, there is a phrase called Denial of Service (DDos) attack whereby a company's web site is brought to a standstill by it being flooded with hits that prevent customers getting through to the site.

In an extreme case, landowners can face similar problems if their parking spaces for customers are being taken up with free loaders and overstayers. That is the problem that they face. They lose the opportunity to make a profit from the customers who are unable to park and choose to go elsewhere. Barriers and walls are not always the answer and rapacious PPCs certainly are not either.

So, a problem can exist and I can sympathise with reasonable retribution, where "reasonable" is, obviously, defined by me ! :rotfl:

The_Deep

But trespass causes no damage to your land, when the driver moves off, you still have your land. So how do you justify the £10 invoice for nothing?

What a daft argument

If someone parks in my spot I have to park in the street, (£1.80 per hour), or in the next door multi-story car park (£££££). If I want to find out who the trespasser is I have to pay a fiver to DVLA and wait 3-6 weeks for a reply. How therefore am I not out of pocket?

Do you actually think before you post your ill-considered rubbish?

Daps

"If someone parks in my spot I have to park in the street, (£1.80 per hour), or in the next door multi-story car park (£££££). If I want to find out who the trespasser is I have to pay a fiver to DVLA and wait 3-6 weeks for a reply. How therefore am I not out of pocket?"


Agreed when it comes to parking in someone's allocated parking space - but visitor spaces or private land where no one's space is being taken or blocked are another matter I think - and in those cases nobby is correct that there's no loss, as far as I can see.

bazster

Daps wrote: »

Agreed when it comes to parking in someone's allocated parking space - but visitor spaces or private land where no one's space is being taken or blocked are another matter I think - and in those cases nobby is correct that there's no loss, as far as I can see.

I told you already, damages for trespass can be (and often are) assessed as the notional value of the benefit obtained from the trespass. If you don't believe me, Google is your friend.

And, as The Deep says, there may be consequential losses to consider as well as the cost of pursuing the damages.