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John
John, Solicitor
Category: Traffic Law
Satisfied Customers: 1939
Experience:  10 years legal experience
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I stopped in my lorry on the side of the road for 7 min to

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Hi there. I stopped in my lorry on the side of the road for 7 min to take a call. The spot looked like it's often used and there were no signs indicating that it was private land. The owner filed a claim with small claims court and wants me to pay £100 for trespassing plus £25 adming fee and £35 court fee. Do I have any leg to stand on to appeal this or should I pay up? Thank you.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No. It happened on 25th March and we only just got the second letter from the court (there was a letter sent previously but we never received it)
JA: Have you talked to a lawyer about this?
Customer: Nope
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We're not sure what evidence does the claimant have. Whether they need to disclose that they've got pictures or CCTV

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Thanks for your message, I appreciate it is important to you. The claimant will need to prove it was private land and thus they have a legal interest over that land, providing evidence you were tresspassing. If that is the case, then it would be prudent and sensible to pay. If they are unable to prove it was private land you should dispute the claim on the basis it has no merit.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John.

Customer: replied 15 days ago.
Thank you. What about signeage? Shouldn't there be a clear sign saying tresspassers will be fined etc?

Hello, you can still be charged with tresspassing even if there are no signs posted. Tresspass just means an unauthorised entry upon someone else's land without permission to do so, so a sign in itself is not a mandatory requirement.

Customer: replied 15 days ago.
thank you very much

I am glad I was able to help. Have a great evening.

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