I have received from xxx xxxxxxx xxxxxxxxxxx xxxxxxxxx, a trespass notice for £150.00. (reduced to £130.00 if paid within 14 days)along with photographs of my car which they say breached terms and conditions of the use of land i.e. no parking,stopping or waiting. I did not see the warning notice displayed, possibly my fault, I was parking outside the xxxxx xxxx sorting office their parking spaces were full of xxxxx xxxx vans for 5 minutes at the very most. My query is, first the amount being charged, and if this claim would be upheld in the county court. If I am liable, I would be willing to pay a reasonable amount. Thank you
Hello my name is ***** ***** I will help you with this.
Can you confirm there was not adequate signage?
They may be adequate,but I did not see them, of think that there might me any
As this is not a fine from a Council it is hard to enforce
In order for them to bring a successful claim they would need to show:
1) There was a contract between you and them - there was not, as you did not intend to create a legal relationship
2) You agreed to their terms - they clearly were not displayed on the bay so you cant be bound
3) They suffered a loss - I can not see how they did. Maybe £5 at most
Therefore you should not be bullied into paying, they would have to take you to the small claims Court.
Even if you lose you would only be liable for the Court fees, nothing else
Can I clarify anything for you about this today please?
how do you suggest I reply to their demand ?
I would simply write back and say you dispute it and to provide evidence of a contract, where the terms were and loss
Does that help?
would you suggest making any small offer of payment, to close this matter
No, you dont owe anything - but that is a matter for you
thank you Alex, I will reply to them and dispute this, if they decide to take it any further, may I come back to you for further advice?
Of course, put any further questions: FOR ALEX W
I can assist them.
* then *
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/