Norman Verona Posted August 2, 2012 Share Posted August 2, 2012 However, while their action is completely toothless, if they did choose to issue a court summons it would cost you time and money to defend - you would win, but it would end up costing you to get that win.....this is why these parasites are now targeting companies, as many will just pay to get rid of the nuisance....this is a change of tactic since the general public is getting wise to their parking scams and just ignoring them. The above is, of course, correct. However, why would they raise a summons that may be defended when they know they would lose. That would cost them as well. They are after £100 easy money and not a lot of court hassle. There are plenty who will just pay up to get rid of them. What amazes me is that after many years of this scam going on the Government still haven't made it illegal. In fact they help them by providing registration details. Quote Link to comment Share on other sites More sharing options...
mikef Posted August 2, 2012 Share Posted August 2, 2012 Parked on double yellow lines. If they are on the road, they will have been put there by the local authority under the auspices of a Traffic Order. Only the local authority or police can take any action. If they have been painted by a person/landowner or anyone other than the local authority, they cannot be enforced because they have no legal entity. Might be worth visiting this barrister's blog since he goes into some detail about trespass etc - http://timkevan.blogspot.co.uk/search/label/parking Quote Link to comment Share on other sites More sharing options...
GreigM Posted August 2, 2012 Share Posted August 2, 2012 However, why would they raise a summons that may be defended when they know they would lose. Just a game of brinksmanship isn't it. To them issuing a summons is probably next to no cost, same with cancelling it before the case goes to court. Quote Link to comment Share on other sites More sharing options...
GoSloGem Posted August 2, 2012 Share Posted August 2, 2012 Sounds like a speculative invoice from a private parking company (aka scammers). Money saving expert forum has a dedicated section for ppc antics - including accounts of recent kickings ppcs have had in the courts. Post on there or pepipoo for good advice. As said earlier, police & councils have powers to apply penalties, ppcs do not - at most they can only pursue losses to the landowner if granted appropriate authority over the land by that landowner, which is not typical. Quote Link to comment Share on other sites More sharing options...
Vinny's Westie Posted August 2, 2012 Author Share Posted August 2, 2012 Thanks for your replies, some excellent links. I'll read his letter again in the morning and post a copy up, but this is the first time i have seem this scam trying it with trespass,the man on thephone said " i know what you are trying" but my initial reply to him was to direct his alleged offence to the driver, without supplying the details, and that I would not entertain further correspondence, all without prejudice of course. His response was "do I understand the rules regarding trespass?" See what you think when i post the letter tomorrow. Quote Link to comment Share on other sites More sharing options...
Terry Everall Posted August 2, 2012 Share Posted August 2, 2012 I thought trespass was a TORT and that you could only be taken to court for damage caused which had to be proved. There are a few exceptions where fines apply such as the Railways Think I would just ignore it all Quote Link to comment Share on other sites More sharing options...
Mid life crisis Posted August 2, 2012 Share Posted August 2, 2012 Ignore! Ignore! Ignore! ignore! Don't contact them, or enter into any corespondance with them, or even in your wildest dreams think that they can screw you. This " expert - not" advice just cost you £120.00 plus vat spurious invoice in the post :d :d Quote Link to comment Share on other sites More sharing options...
alexander72 Posted August 2, 2012 Share Posted August 2, 2012 i would put a few tonnes of woodchip on the double yellows and let them ANPR that while they shovel it out the way... it a chancers scam.... Quote Link to comment Share on other sites More sharing options...
User0083 Posted August 2, 2012 Share Posted August 2, 2012 Sorry if this has already been mentioned, Evidence? They would require a minimum of a photograph as evidence. There's a whole list of issues in your original statement. Private land and double yellow lines ain't a leg to stand on. Double yellows are enforced by local council's and traffic warden's. Private company enforcing double yellow lines, as previously stated, council controlled with traffic wardens/police. We're there signs indicating private land? List goes on. Have you got their contact details? If so find out how they got your details and if they refuse information state your taking legal action against them for public privacy. Also do a bit of work on google to prepare yourself with legal side of things and council paperwork supporting your case and just let rip. The Internet is an amazing tool for this, many times people have tried things on, mainly mechanics, and google will give you enough information to destroy them. I do it just to destroy egos now. I look 18, so people try to walk over me. Quote Link to comment Share on other sites More sharing options...
Blatman Posted August 2, 2012 Share Posted August 2, 2012 All the advice you'll ever need... No need for counter threats or an exchange of correspondence or worrying about court summonses or anything. I had almost exactly the same thing a year or so ago. A private company gave me an official looking parking ticket for parking on private land (a car park in a block of flats). There were several threatening letters, each one striking a more serious note and each one ramping up the "fine" with a threat of court. No summons ever arrived and no heavies ever turned up at my door. I kept the letters but I never responded to any of them. Quote Link to comment Share on other sites More sharing options...
XTR2Turbo Posted August 2, 2012 Share Posted August 2, 2012 The real scandal is that the DVLA sell our contact details to this scum. We are legally required to register our car details so I can't understand how this is not in breach of some data protection act ... Quote Link to comment Share on other sites More sharing options...
stephenh Posted August 2, 2012 Share Posted August 2, 2012 I thought trespass was a TORT and that you could only be taken to court for damage caused which had to be proved. There are a few exceptions where fines apply such as the Railways Think I would just ignore it all Thats what I said, Tel! You are of course quite correct. 1 Quote Link to comment Share on other sites More sharing options...
robo1968 Posted August 3, 2012 Share Posted August 3, 2012 Worth remembering that yellow lines (single or double) only mean 'no waiting'. Therefore we are allowed to stop on them - but only for as long as it takes to let someone out or in. Therefore there is no offence by stopping and there would have to be good evidence that the person has 'waited' too long. Quote Link to comment Share on other sites More sharing options...
Mark Stanton Posted August 3, 2012 Share Posted August 3, 2012 Never respond to any of this in any manner neither emails, letters or phone its all a big scam - Over next few short months you will probably get various letters with increased costs, threats of courts etc etc and then it'll taper off with a reduced fee and say no more about it thing - it does eventually stop and the scammers give up and go away - However may any acknowledgement of it with an email or letter and they keep on even more my old folks had similiar and it was 6 months before the scammers gave up with their idle threats and letters Quote Link to comment Share on other sites More sharing options...
Vinny's Westie Posted August 3, 2012 Author Share Posted August 3, 2012 All Many thanks for your replies, as promised please find the copy of the letter attached, sent to us via a generic info@........ email address, but did have our full address on the top of the letter/email attachement. We also have a photograph of the vehicle parked on a road, don't know which it could be anywhere, clearly showing the reg. number. Our vehicles have a satellite tracking system and it shows that it left this area before they say they took their photograph. ??? Given we were in this area to load our vehicle it would appear to me to be just cause and therefore not trespass. Driver admits he is not aware of any signs. In the past these scams have had a parking ticket attached, this does not and the letter/invoice does not include a company number so is not legal in that regard alone. Just a scam. :angry: Letter below......... Notice for Trespass Number 01163 Following contravention of the parking regulations at Trinity Distribution Park, Felixstowe vehicle registration number XXXXXXX was photographed at 15:19, on Dooley Road on 30th July 2012. The driver was in breach of the landowner’s terms and conditions by stopping and waiting on the double yellow lines, and as a result of his actions he therefore committed trespass. Please find enclosed photographic evidence of the incident for your records. We also retain further video evidence captured on the estates surveillance cameras. Our clients Bidwells instructions apply to all tenants and non-resident companies and state; "Not to permit any vehicles to stand, park or wait on the private roads on the Estate" As the owner/driver of the vehicle at the time of the contravention you are responsible for payment of the Notice for Trespass. Trespass charge £100.00 Vat @ 20% £20.00 Balance Outstanding £120.00 The offer amount relating to the trespass should be paid to our offices within 14 days of this notice, if payment is not received within 14 days the charge WILL BE INCREASED BY 50%. If the amount is not received at our offices the matter will be pursued through the County Court. If Court action is necessary you may incur further solicitors and bailiffs costs If you have any queries, please contact us on 01473 212215. Yours faithfully ProServe Full details overleaf Please ask for :Mark Lowne Our Ref :01163 Your Ref : Date :02/08/2012 Email :mark@proserve.co.uk Parking restrictions at Trinity Distribution Park are a private matter and the restrictions in place apply to all tenants and visitors to the site. The notices displayed around the site clearly state that the roads are private and there are no waiting and no parking regulations in force. Notices for trespass will be issued in the post to owner/drivers who have voluntarily consented to the risk of a Notice being issued and simply drive away after committing a breach of the regulations. Payment must be made within 14 days of the date of this notice, if payment is not received within 14 days the charge WILL BE INCREASED BY 50%. Payment can be made by telephone on 01473 212215 or by post to Proserve Enforcement Solutions Unity Street Ipswich IP3 0AP Any appeal against a Notice for Trespass will only be considered if it is in writing to: Proserve Enforcement Solutions Unity Street Ipswich IP3 0AP. Appeals will not be dealt with over the phone. All vehicles are photographed prior to the issue of the Notice so that contravention of the regulations can be confirmed in the case of a dispute. Quote Link to comment Share on other sites More sharing options...
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