Norman Verona Posted August 3, 2012 Share Posted August 3, 2012 I'm just amazed that they are allowed to do this. I'm aware you are a company but if an elderly person received one of these letters they would probably pay it. Why not send it on to your MP with a request that legislation is passed to stop this legal theft. I know it won't get anywhere but it's worth raising. Quote Link to comment Share on other sites More sharing options...
markcoopers Posted August 3, 2012 Share Posted August 3, 2012 As craigM says, ignore it chap it is in no way legal and not enforceable. Don't even get involved talking to them. I've had quite a few from motorway service stations where I have over stayed the 2 hours free and they want to charge me a parking fine. They chase the lease company and they chase my company and they chase me.....I do nothing and they go away. As others have said, you are said to of entered into a civil contract by means of using the private facilitates, a car park in my case, an estate in yours. Under the civil contract you are said of broken that and hence they come after you.....in fact all they can do is sue for loss of revenue or trespass. I am not clued up on trespass as they have never tried that in a service station, but loss of revenue they tried, once telling me that I was £1000+ in the hole.....in fact they could get 20 mins worth of the parking charges as that Walsall the loss they were entitled to..... About £8.20 if I remember rightly......in fact I am sure it would be small claims as well and that meant no costs or fees, so they threatened and even sent a phony letter looking like a summons that was not....but they gave up. Quote Link to comment Share on other sites More sharing options...
Rab (bombero) Reid Posted August 3, 2012 Share Posted August 3, 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 Listen to Mike! He is absolutely correct - don't get bogged down on here debating the finer points .. they are the finer points of nothing! Local Authorities decide where they're going to paint lines, parking spaces, impose restrictions, etc. Yellow lines on private land mean squat! I was thinking of painting them up my drive to stop my neighbour's friends using it as a f***** parking space, lol! Quote Link to comment Share on other sites More sharing options...
stephenh Posted August 3, 2012 Share Posted August 3, 2012 I'm amazed how many legal experts we have on the boardroom! :d Quote Link to comment Share on other sites More sharing options...
Vinny's Westie Posted October 4, 2012 Author Share Posted October 4, 2012 Today I have received the following email from Proserve, what do you think? Just to confirm as you have failed to remit the sum due in relation to your vehicles trespass on our clients land, all your companies vehicles are now banned from entering Trinity Distribution Park. Any attempt by your companies vehicles to enter the estate will result in trespass, they will be refused entry to any of the estates yards. Although there is easement on the estate roads, as your driver breached the terms and conditions of use of the roads, he committed trespass. Trespass ab initio is a common law doctrine meaning if a person enters land lawfully then does an act, i.e. (parking when ordered not to) inconsistent with his rights then the entry is deemed unlawful from the beginning despite his lawful entry, any entry by your companies vehicle now they have been banned from the estate will be unlawful. My client Bidwells has control of all the roads on the estate, which are private. Bidwells are managing agents for the Master Fellows and Scholars of the College of the Holey and Undivided Trinity within the Town and University of Cambridge of King Henry V111’S Foundation Cambridge, who are the owners of the land in question. The colleges solicitors are in the process of issuing a claim for the trespass, you will hear from them in due course. Quote Link to comment Share on other sites More sharing options...
kirkyboy5 Posted October 4, 2012 Share Posted October 4, 2012 sounds a load of B@LL@X mate. Im sure they wont bother in taking proceedings as it will cost them more to take it through the court system rather than getting the money from you. So this sounds like one last plee from the company to get some money out of you. By them using big words and quoting the actual people who own the land and Civil Acts that you have 'broken' is an attempt to try to scare you and muddy the whole situation with names and Civil actions. But obviously its up to you whether to run the risk or not. Best of luck Dan Quote Link to comment Share on other sites More sharing options...
Norman Verona Posted October 4, 2012 Share Posted October 4, 2012 Any idea how they will stop your vehicles entering the estate? Is there a manned gate with barriers? Quote Link to comment Share on other sites More sharing options...
Terry Everall Posted October 4, 2012 Share Posted October 4, 2012 Do you need to enter the ESTATE in future? Quote Link to comment Share on other sites More sharing options...
windy Posted October 4, 2012 Share Posted October 4, 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 ... And another very good reason NOT to have a photocard driving license. I don't have one so they would never be able to tell it was me driving if they wanted to buy the details from the DVLA. Quote Link to comment Share on other sites More sharing options...
Nick Algar - Competition Secretary Posted October 4, 2012 Share Posted October 4, 2012 Looking forward to hearing the next installment. Please keep us all posted Vinnie Quote Link to comment Share on other sites More sharing options...
Doug Dastardly Posted October 4, 2012 Share Posted October 4, 2012 Why not get in touch with Bidwells's. I'm pretty sure sure they are a reputable company that do estate agency and land management. Quote Link to comment Share on other sites More sharing options...
GreigM Posted October 4, 2012 Share Posted October 4, 2012 If you have legitimate business (i.e. being asked onto site by one of their tennants) on the site then it isn't trespass. Only the landowner can ban you from the site and this notice must be served by the landowner, not some parking enforcement people. If this is a real concern - talk to the landowner directly, make big noises about the fact you were doing legitimate business and the reasons for stoppping on the double yellow - ask THEM to confirm in writing the trespass. The email statements have no attachment to real law, however if they have security guards at the site they could physically stop entry. Why not use an unbranded vehicle - they can threaten to ban all they want, but they aren't going to check who's going in an out so unless you have it in big letters they won't know. Quote Link to comment Share on other sites More sharing options...
kirkyboy5 Posted October 4, 2012 Share Posted October 4, 2012 "The email statements have no attachment to real law, however if they have security guards at the site they could physically stop entry." I agree however what do you class as real law? Do you mean Criminal Law? Because we have two different types of law, both Criminal and Civil Law. This case is definatly not Criminal and is a Civil matter that if goes to court will be heard I imagine at a County Court. Quote Link to comment Share on other sites More sharing options...
Fat Albert Posted October 4, 2012 Share Posted October 4, 2012 Vinnie, if they continue to harass you Proserve Enforcement Solutions Ltd was registered on 25/5/2012 and has two directors, Stephen John Duff & Karen Dawn Duff Mr Duff is a well known cowboy clamper in the Ipswich area I am absolutely certain that Bidwells are unaware of the tactics used by PES/Duff, email Patrick McMahon, senior partner, his contact details are here, explain the situation, mention Duff's history on MoneySavingSupermarket and Pepipoo (both read by thousands, daily) and ask if Bidwells really think that associating their organisation with known villains is in their interest. Quote Link to comment Share on other sites More sharing options...
GreigM Posted October 4, 2012 Share Posted October 4, 2012 I agree however what do you class as real law? Do you mean Criminal Law? Because we have two different types of law, both Criminal and Civil Law. This case is definatly not Criminal and is a Civil matter that if goes to court will be heard I imagine at a County Court. Real law - as in not made up by the person writing the email. Quote Link to comment Share on other sites More sharing options...
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