Unwanted for sale sign

davidmcn

bod1467 wrote: »

Whether the OP would actually win any claim is debatable.

I think it would be a very short debate.

vacheron

Why not put your own sign on top of their sign stating

"This sign was erected by "XYZ company" who trespassed on my private property without my knowledge or prior permission"

Then send them a photo and a warning that they are not welcome onto your property, the sign is now monitored by CCTV, and encroaching on to your land would be considered as further trespass.

Include in the e-mail an offer to remove and dispose of the sign by your own approved disposal specialist at a cost of XXX.

Miss_Samantha

If you sue for trespass (and any damage to your property) they will lose.

That's what people should do.

Edit:
You can also add a nice A4 sheet of cardboard to their sign so that it reads "Purplebricks trespasses". Turn the publicity to your advantage

csgohan4

Life is too short

smcqis

What a waste of time, I would have removed the sign myself and if you wanted to charge you could charge to give the sign back like 20 quid at most

Madmel

Those signs also burn really well, so would be a good source of heat this winter...

Marvel1

Please keep us updated on the result of the smalls claims court.

Freecall

I would not be quite so negative as some of the other posters.

In order for a contract to be valid, you need 3 things :

1. An offer
2. Acceptance
3. A consideration

The offer will have been your letter to them stating what you are inviting them to do (put up an advertisement sign) and stating what the consideration (money) would be in return.

This will have had to have been very clear with things such as start date, the names of the parties involved, where the sign could be placed and so on. The test would be that an ordinary person could fully understand what was intended with no ambiguity.

If the offer and consideration are clear then you are only left with acceptance. Ideally the method of acceptance should be spelled out in the contract eg. ‘Placing or maintaining a sign as specified at any time between <date> and <date> will constitute acceptance of the terms of this contract.’

If it did not, all is not lost however. The court will decide on the balance of probabilities whether or not the terms have been accepted and there are strong precedents for acceptance being based on an action of the acceptor (think how many times you have seen ‘installing this software constitutes acceptance of …..).

Finally, having established that a contract does in fact exist, you will then need to demonstrate that the terms are clear. On the upside, you do have something in writing so that is a good start. Whether or not it is watertight depends on what the offer in the contract actually says but again, the court will apply the ‘ordinary person’ test so it does not have to be highly technical.

The issue of ‘reasonableness’ has been mentioned but is unlikely to apply here. Generally, non-consumer contracts do not have to face the test of being reasonable. Many will have seen this test come up as part of the parking/clamping issue but this is for reasons well beyond what you are trying to achieve here.

I would pay your £80 court fee to HMCTS and give it a try. Remember that before doing so however you need to give ample opportunity for the defendant to pay, usually the initial invoice followed by a reminder, a notice of intended action and 14 day notice before action.

Good luck, let us know how you get on.

jimpix12

Had something similar happen. Take it down, keep it up somewhere hidden & safe for a few days, wait for the phonecall asking what happened to their beloved sign. Tell them it'll be sawn up and put on the fire if it isn't collected within 3 days. Leave it out for them to collect. Job done.

bod1467

Bear in mind that OP says the sign has already been removed/collected.