Can Napier Do This?

hoohoo

prowla wrote: »

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!

If they are the landowner they can ban anyone for anything. Whether that can be easily enforced is a different question.

Fruitcake

I would suggest a complaint to the BPA again is in order as well as a snotogramme for the local rag to publish.

Marktheshark

Who could resist trolling them ?
Dear whoever, bought a new car, good luck catching me !

duffs54

This is the bit on the letter:
Appeal accepted under don't know the driver rule etc then:

The charge notice has therefore been cancelled and no further action is required in that respect

However we do believe you position to be unreasonable and we beleive the Notice to have been correctly issued in the first instance. We have incurred a significant loss as a result of this incident.

We are therefore banning you from future use of the ******car park. The land is private land and you and your vehicles are no longer allowed on the land. should you ignore this ban we will be contacting the police and requesting they take legal action against you. We also reserve the right to take further action against you should you re enter the land at anytime.

You may wish to seek independant legal advice if you are unsure of you position.

If you wish to contact us regarding this matter you are free to do so

So there you go is that the keeper banned or the driver?

The keeper is going to complain to BPA anyone got a good template please?

trisontana

That mention of the police is just an empty threat.

trisontana

Do we know if Napier actually own this land?

duffs54

I've tried Land registry, but it isn't even showing on their map as a car park.I have just emailed the shop who is next to it to find out.(large dept store) will write to them to highlighting their behaviour

Umkomaas

I would write to the retailer asking them if they were aware that Nappy has 'banned' you from using the car park, which will, of course, prevent you from shopping at their store.

Ask if they've contracted Nappy to (mis) manage the car park and are they content with the actions of their agent in depriving them of customers.

duffs54

Yes will do thank you, reading on their website it states they manage car parks son behalf of owners, so I doubt they own it

Half_way

We are therefore banning you from future use of the ******car park. The land is private land and you and your vehicles are no longer allowed on the land. should you ignore this ban we will be contacting the police and requesting they take legal action against you.

So it would be back to square 1 then - trespass.
that is if Napier are the land owners here, if they are not then they dont have a leg to stand on.
Also as they think it is trespass then they can only claim for any damage that you do by entering the land - as its a car park where the public are invited to park their vehicles then the land owner could only claim for any damages that you cause, and if you just park up then no damage.

or want of a better description Napier can get stuffed - its just more !!!!!!!! that the PPC world thrives on.