How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask tdlawyer Your Own Question
tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

Dear Sirs I live on a small estate where there is a mix

Customer Question

Dear Sirs

I live on a small estate where there is a mix of freeholders and leaseholders who have individual parking bays. The bays for the leaseholders are patrolled by UKPC a parking control company, the freeholders are not part of the parking scheme. Several of the freeholders have been ticketed by UKPC on different occasions, we have written and advise UKPC that we are not part of their scheme. The first time they wrote, acknowledge that we were not part of the scheme and the ticket was rescinded. Last month myself and the other freehold residents who where all parked in their own bays were ticketed again. I had to appeal against the fine which is time consuming, very annoying and distressing at the time my mother had just come out of hospital recovering from a very serious operation. The latest correspondence from UKPC,does not offer an apologise but states " We have investigated your appeal based on the information submitted and whilst we feel that the parking charge was correctly issued and that we were following guidelines and enforcement controls agreed with our client, we have decided in this instance, as a gesture of good will, that the parking charge will be cancelled.

I want to know whether we can sue the landlord and UKPC for causing distress, trespassing on my land and fraudulently issuing these tickets because both they and the landlord have the demise plans for the car park so they are aware of the demarcations.

Finally I would also require written confirmation of assurances that we will not get any more parking charges while parked in my own parking bay.

Your assistance and advise would be greatly appreciated
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

This is a very interesting question, and it's one I have recent experience of in practice.

Customer: Good morning Tony
tdlawyer :

Morning!

tdlawyer :

Okay, the starting point is the understand on what basis they can ticket on your land.

tdlawyer :

This can only be with your consent, if you are a freeholder and own the land concerned.

Customer: Yes I do own the land as the freeholder and I have never given them consent to ticket on my land
tdlawyer :

Then quite simply, they cannot do it.

tdlawyer :

If they do ticket on your land without your consent, they trespass, and needless to say, any ticket issued is irrelevant and invalid.

tdlawyer :

So - how do you stop it...

tdlawyer :

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.

tdlawyer :

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.

tdlawyer :

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.

tdlawyer :

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?

Customer: Yes that is clear, my first letter did state that they were trespassing, which they acknowledged, apologised and assured it would not happen again, but of course it has. What about their client who has provided them with the instruction and I assume the demised plans for the estate, would they have a case to answer?. And finally this has been quiet distressing (a) can we sue them and (b) in your opinion would a solicitor be prepared to take this case on.
tdlawyer :

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.

tdlawyer :

And yes, a solicitor would take this on for you quite readily I'm sure.

Customer: Would we require a civil or criminal solicitor? so to summarise
tdlawyer :

Civil proceedings.

tdlawyer :

This is not a criminal matter.

Customer: 1. Write one more letter to UKPC. 2. Do I start proceedings if it happens again. 3. When do we sue.
tdlawyer :

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.

Customer: Fine, I read there is an amount for high court and crown court in respect of which court I should go to... Do you have an idea which we should start at..
tdlawyer :

I would use the county court.

Customer: Are there any legal terms, statue I should be quoting in the letter so it is clear
tdlawyer :

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.

Customer: Ok thank do you feel I need to do anything else to ensure that this matter comes to a conclusion
tdlawyer :

No, i don't think so. Just be firm with them and you should get a result without needing court.

tdlawyer :

Can I ask whether you're happy with the service this morning?

Customer: Yes you have be very helpful and thank you for time this morning
tdlawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi
I have now get responses from both the landlord and UKPC, although the landlord has covered their position by stating that they are not responsible for what UKPC have -which I expected.

UKPC have not given any undertakings except for they have told their warden not to put tickets on my car.. And that the ticket has been" cancelled on this occasion ". That they continue to implement their clients instructions.

I requested that they give assurances that they would not trespass on my land again and a declaration that any tickets issued are void/invalid . I have not received any of these assurances.

The response from UKPC does not really give me any comfort bearing in mind their wrote a similar letter the first time they but a ticket on my car. And then they done it again....

What do you advise?

Expert:  tdlawyer replied 3 years ago.
It's difficult isn't it, because ideally you don't want to have to start court proceedings and deal with all that but if you want the greatest chance of stopping this, you may have to.

Perhaps the first step is to get a solicitor to write a strong letter to them. Hopefully, they might take more notice of that.

If not, then you may have no alternative but to issue a claim in the court against them. But at least you'll have a solicitor on board to help you do that, as it will not be an ordinary straightforward money type of claim.

I hope this helps.

Tony
Customer: replied 3 years ago.
Morning Tony

Thank you for your response.

Just had a call with a firm of solicitors who feel it would be prudent to see whether UKPC trespass again and put another ticket on my car... He felt that although it is not satisfactory, we need to give them another chance..