Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
damages incurred whilst the driver trespassed on land under our control (car park was free so what are the damages?)
How would you know what the damages are without asking? It could be anything for all you know they had planned to re tarmac the car park and had to cancel the contractors, they might have had to park somewhere else and got fined themselves. The argument that the only damages is 50p parking does not always hold water.
How would you know what the damages are without asking? It could be anything for all you know they had planned to re tarmac the car park and had to cancel the contractors, they might have had to park somewhere else and got fined themselves. The argument that the only damages is 50p parking does not always hold water.
but wouldn't they need to prove that if they're going to chase me for damages?
Have a read of the Private Parking Sticky at the top of this forum. You are more or less correct with your assertion that any damages in a free car park would either nil or very little. They haven't listed the damages incurred which they would have to do if claiming for trespass in court.
More importantly they would have to take the matter up the with the driver. You are under no obligation to incriminate yourself even if you were the driver.
Bearing in mind that they have written to you as the registered keeper you can respond as such without ever admitting that you were the driver.
Have a read of Bernie the Bolts template letters. Write back to them denying liability as the RK and tell them to seek redress from the driver.
As for any evidence they could use it to say that the driver received the notice and the vehicle was parked where they said it was. Beyond that it doesn't prove who the driver was and is about is much use to them as tits on a bull. They would only be able to use it in the event they ever got to court - and bear in mind it is civil court.
This thread is relevant as well. Here. Look at post 7.
but wouldn't they need to prove that if they're going to chase me for damages?
Yes but its a common misconception that damages is bound to be just the cost of a few hours parking. If as an example you parked in a Tesco Superstore access road and they could not get any deliveries in they could potentially sue for the associated costs of lost trade and redelivering the stock at a later date.
Yes - the company would have to prove their claim.
As a precursor to this, the campany should at least state what their claim is.
This is far more likely to be just yet another Private Parking Company invoice based on an alleged implied contract.
See the "stickies" at the top of the forum - "Private Parking Companies - All you need to know" and Bernie's template letters for how to deal with them.
Don't pay and do not engage in their "appeals" process.
First threat letter arrived! need help!
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Originally Posted by roymunsen
