Can Napier Do This?

trisontana

This has just popped up on the POPLA Decisions thread:-

http://forums.moneysavingexpert.com/showpost.php?p=67600824&postcount=1622

This interesting part is following this POPLA win for the motorist Napier wrote to the keeper thus:

The keeper is now banned from using the said carpark on the grounds that the keeper behaved unreasonably and that they have incurred a significant loss because of this incident. Police action will follow if the keeper ever parks there again as they own the land, it is attached to a shop.

My question is although the landowner is free to allow or ban whoever they like, can they actually involve the police in this?

Marktheshark

The loss was their making, they were the ones acting unlawfully in trying to claim money they were not owed.

The_Deep

Simple, reregister the car in another person's name, you will then be the keeper no longer.

bazster

trisontana wrote: »

My question is although the landowner is free to allow or ban whoever they like, can they actually involve the police in this?

Of course they can't. If he parks there again he will simply be trespassing. It's a civil matter.

How would they know anyway? Same car? Might be a different driver. Same geezer but in a different car? Have they got a mugshot then, and someone permanently on patrol looking out for him?

Marktheshark

Looks like they got a rollicking from the BPA for not following the appeals process.

ManxRed

Marktheshark wrote: »

Looks like they got a rollicking from the BPA for not following the appeals process.

And, no doubt, a severe [STRIKE]ban[/STRIKE], [STRIKE]points sanction[/STRIKE], slap on the wrist.

trisontana

ManxRed wrote: »

And, no doubt, a severe [STRIKE]ban[/STRIKE], [STRIKE]points sanction[/STRIKE], slap on the wrist.

With a wet lettuce

Marktheshark

I wonder what this "significant" loss is, in a free car park ?
Have they been caught out shanghaiing the rules ?

bluetoffee1878

How about inform Napier that the RK will be parking in the said car park on a particular day but in a different car, they are welcome to try and find him

hoohoo

Marktheshark wrote: »

I wonder what this "significant" loss is, in a free car park ?
Have they been caught out shanghaiing the rules ?

Perhaps they paid their barrister another £2k

prowla

Presumably they aren't the property owner, and therefore are not entitled to ban someone?

It's also questionable whether you can ban someone because they refused to allow you to extort money from them!