Hello, welcome to the website. My name isXXXXX can assist you with this.
This is a very interesting question, and it's one I have recent experience of in practice.
Okay, the starting point is the understand on what basis they can ticket on your land.
This can only be with your consent, if you are a freeholder and own the land concerned.
Then quite simply, they cannot do it.
If they do ticket on your land without your consent, they trespass, and needless to say, any ticket issued is irrelevant and invalid.
So - how do you stop it...
Well, you should write to the firm setting out the position, which I can see you've done, and what you appear to face is a large machine working in a set way, it would appear.
I would encourage you, however, to write one more, this time in the context of not "appealing a ticket" but from the perspesctive of them trespassing on your land.
If this doesn't work, then you would be entitled to issue proceedings in the county court or high court for two things i) an injunction restraining the parking company coming onto your land without consent and ii) a declaration that they're trespassing and that tickets issued on your land are invalid.
It's quite a thing to do though, to issue proceedings like this, but it's entirely possible and reasonable if you don't get a sensible result from them because they are too big to consider specific issues. Does that make sense?
Their client is more difficult to sue, they may have just got it wrong, unless you could show they were doing it to cause you nuisance/harassment. I doubt this is likely. However, the reason for the parking company trespassing (i.e. don't understand what they are entitled to ticket on) is irrelevant, and liability for trespass is strict, and so why they do it is immaterial.
And yes, a solicitor would take this on for you quite readily I'm sure.
This is not a criminal matter.
If you don't get the assurances you're looking for after the next letter, and give them 10 working days to reply, then you are entitled to start proceedings.
I would use the county court.
No, this is a clear case of trespass, which is based on old common law principles. No lawyer would even seek to challenge the principles in trespass! The issue will be whether they are on your land or not, and whether permission has been given - these are obvious factual issues, which involved little law at all.
No, i don't think so. Just be firm with them and you should get a result without needing court.
Can I ask whether you're happy with the service this morning?