County Court Claim from Parking Eye Ltd (Home Bargains)

silverchoice

Redx wrote: »

same as it does for any trespassing case

the person is on the land without permission of the landowner , therefore the landowner could sue them for trespassing

the driver did not "overstay" because they werent a shopper in Home Bargains (but they would have overstayed had they been a shopper in Home Bargains for the duration) - so the allegation made in post #1 is simply not true

there was no permission to park for anyone who is NOT a shopper in Home Bargains, ergo the driver was trespassing by leaving their vehicle on that site for more than 10 minutes allowed in the BPA CoP , clause #13

Thanks for that. How do I incorporate this into my defence letter?

Le_Kirk

Use the forum search facility, search this forum, Advanced Search, with "forbidding sign defence" as your search term and change the threads radio button to posts. Click search now, I found loads.

silverchoice

Le_Kirk wrote: »

Use the forum search facility, search this forum, Advanced Search, with "forbidding sign defence" as your search term and change the threads radio button to posts. Click search now, I found loads.

I've had a look but I can't find any relevent ones. Can you please ost me a link of a forbdding sign defence I could use.

Le_Kirk

This is the first one I found. Here is another one. Here is a third one. You should be able to get something from one of those.

silverchoice

Coupon-mad wrote: »

See if you can find the Planning Permission for that car park on the Council website or by randomly Google searching and digging for info.

P/Eye have 'form' for putting such signs up when the Council Permission does NOT allow the store to restrict parking for customers. In Portslade near Brighton, a few years back, ParkingEye put a sign up saying 'Aldi customers only'. It lasted about a week because another poster here reported them to the Council Planning Dept (the car park was also for local shoppers as is often the case).

I've found the parking management plan from the original planning permission. The Home Bargains was originally a Netto until they went out of business. One line in the plan states "This plan addresses the aim of managing the car park with the primary objective of providing short-term free car parking for customers of the foodstore".

Please see attached full plan letter.

Can I use this in my defence ?

Coupon-mad

2 hours stay, eh?

Yellowshirt

How do you start a new post

silverchoice

Coupon-mad wrote: »

2 hours stay, eh?

What do you mean ?

NeilCr

Yellowshirt wrote: »

How do you start a new post

Go to the main page for Parking Fines etc. It has the list of all the topics.

At the top of the page on the left there is a red "button" called New Topic. Go from there

silverchoice

silverchoice wrote: »

I've found the parking management plan from the original planning permission. The Home Bargains was originally a Netto until they went out of business. One line in the plan states "This plan addresses the aim of managing the car park with the primary objective of providing short-term free car parking for customers of the foodstore".

Please see attached full plan letter.

Can I use this in my defence ?