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Found 14 results

  1. Hi All I have spent the last 3-4 days reading information on CAG, Money Saving Expert and Parking Prankster websites. I've learnt a fair bit I hope someone would be so kind as to give me a little bit of additional guidance. Here are the details from the Notice To Keeper ---------------------------------------------------------------- 1 Date of the infringement 16/04/2018 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 20/04/2018 3 Date received 24/04/2018 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes 5 Is there any photographic evidence of the event? Yes - ANPR entering and exiting 6 Have you appealed? {y/n?] post up your appeal]No, not yet Have you had a response? [Y/N?] post it up n/a 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Cedar Court Hotel, Bradford For either option, does it say which appeals body they operate under.I think it is BPA as the second appeal will eventually go to POPLA ------------------------------------------------------------------------------ On the Notice To Keeper, under "Parking Charge Information", it says "On the 16 April 2018 vehicle entered the Cedar Court Hotel, Bradford car park at 10:00 and departed at 17:45 on 16 April. The signage which is clearly displayed at the entrance to and throughout the car park, states that this is private land and that the car park is managed by ParkingEye Ltd. In addition the signage states that, as a hotel patron only car park, a Parking Charge is applicable if the motorist fails to enter their full, correct vehicle registration into the terminal in reception. The signage also contains further terms and conditions associated with this car park by which those who park in the car park agree to be bound. By parking without a valid permit, authorising the vehicle to park, in accordance with the terms and conditions set out in the signage, the Parking Chanrge is now payable to ParkingEye Ltd (as the Creditor)." I believe the driver of the vehicle is classed as a trespasser because the car park is a Hotel Patron Only Car Park and therefore prohibitive to anybody who is not a hotel patron. The driver did not use the hotel facilities at all. From reading other threads, it seems this is a trespass issue and therefore no breach of contract can occur. Also, I do have evidence that shows there is inadequate signage. Since my first appeal will go directly to Parking Eye which will be rejected immediately, I was just going to put "insufficient signage" as my appeal reason rather than the trespass reason. Any advice is greatly appreciated.
  2. After receiving a Wayleave letter from Virgin Media out of the blue and neighbours not having the decency to discuss with me first, I denied access and did not sign the Wayleave. I just returned home to find one of their contracted engineers on my property, who had lifted drain covers and laid cables in the drain along the length of my property. I'm really annoyed that they would just walk onto my property and install cables without permission. What are my options please? Any advice welcome
  3. Hi, I have a family living in a caravan on my land. What notice do I have to serve before applying to the County Court for a possession order. I understand it is a Trespass Notice. Many thanks.
  4. hi everyone! im just wondering what my rights are if debt collectors turn up at my house. do i have the right to tell them to get off my property as they are trespassing? im in scotland. if they refuse should i call the police? or forcefully remove them with minimum force? im just looking to know my rights, thanks everyone!
  5. In a nutshell I object to the placing of a neighbours satellite dish overhanging my drive. The dish is attached to my neighbours side wall, which forms the boundary between our properties but totally overhangs our drive adjacent to the neighbours wall. The biggest bones of contention are the tendancy for birds to sit on the dish and crap on our car/drive and often finding workmen on my drive maintaining the dish/cables with absolutely no notice or warning. My neighbour insists we do not have a right to ask him to move the dish. His view is that he has a legal right to place ancillary structures on his wall and similarly has a right to access my drive to access his 'ancillary structures'. Does this sound correct? Is there really nothing I can do to get the dish moved?
  6. I'm currently going through a rough time with my Landlord (LL). I've had to resort to getting the local council to force her to do work on my property. As part of this they arranged in writing for my LL, her husband and a builder to look around. On the day she turns up with her daughter in tow, I say she can't come in as I was not notified about her visiting. She forces her way in and wont leave despite repeated requests to do so. I call the Police who advise that its a civil matter as they'd be unable to unpick who had what rights on the spot. So: Is that trespass? She's only the daughter with no role in the repair or business in relation to my property and was just there to gawp and sneer. I asked many times for her to vacate. Now my LL has a right to look the place over, she can have her husband as support and the builder will be doing the work so I have no issue with that. What might be my rights here?
  7. This is a long story and I would like some advice for a friend. He had a limited company until just over a year ago and took on a job that was a pita from start to finish. The original amount was for around £3500 but the friend was pulled around all over the place with partnership problems as well as problems with the client. As a result after giving the client all that had been promised he baled out of the company and walked away. He was close to a breakdown. The client chose to sue him (for around £7000) and used the company address that was standing empty where the papers were served. Of course my pal didn’t ever receive them and as a result, judgements were made against him in December 2012 and then on the 27th July 2012. (The second was probably when they chose to change the address on the judgement to his home address. I am no legal expert at all, by the way so I don't really know.). The only way he even found out about the judgement was when the bailiffs turned up at his door step back in August 2012. He wasn't in and his wife was absolutely petrified and wrote a cheque for £1500 to the bailiff. I first found out when the friend called and asked me to loan him the money to pay the debt in full. My comment was, why on earth are you paying this when you say the client was happy and nothing was owed? I also pointed out that he had a Limited company which should mean that he was not personally liable. I refused to loan him the money on that basis and suggested that he trot off to Brentford County Court and apply to have the judgement set aside. This he did. Fast forward to the hearing in the first week in September and the judge threw the case out when he saw the facts. While my buddy was at the court the bailiffs returned, but this time mob handed (5 of them). The main man forced himself past my pal's daughter who had a 2 year old in her arms. Despite being a Special she was terrified. I have no idea why the bailiffs turned their attention to the back garden but they removed garden heaters, a compressor and then cleaned out my pal's workshed of material and some very specialised equipment to do with his work. As a side note. The inventory of items was woeful. Probably 5 or 6 items written down when over a hundred were taken. While this was going on the daughter called her dad who was actually in the courtroom with the judge at the time, and the judge spoke to the bailiff directly on the daughter's mobile and ordered him to stop what he was doing, return everything to where he had found it and leave as she had set the judgement aside and that there was no case to answer. They didn't. For another 30 minutes the mob stripped his workshed of everything of value and disappeared with it in a van or two. The bailiffs were forced to return the £1500 by the court which took a few weeks but they refused to return the items they had taken. He was told he would have to pick it all up. There are no recordings of what went on. The bailiff company was Burlington Credit and the bailiff is registered on the bailiff register as working for them. My friend would really like to take this further but on reading up a bit on a Form 4 complaint, it seems, if unsuccessful, he could end up with costs awarded against him for making the complaint. Any ideas, comments please?
  8. I live in (and mortgage) an end-terrace property. My gable end faces a pub and the twenty foot gap inbetween is the pub car park. 5 months ago I came home to find the new pub tenants had covered my kitchen extension wall in bamboo shoots (drilled into the wall!) because they didn't like looking at my run-down wall. Some brief & free legal advice confirmed this was trespass and that they have no right to interfere with my property. Today the pub is undergoing a refurb and I was distressed to hear drilling on my wall. I ran out to find workmen about to affix steel signs to my wall! Needless to say I went ballistic. I was very lucky to have been at home to have been able to put a stop to it but lord knows what will happen when I return to work tomorrow. Worried it was instigated by the tenants, I've found the tel & email for the area manager and want to give him a blast. Thing is, my property is leasehold from the brewery so I am worried that if I was to do this that he looks further into the details he may discover that the brewery can do what they want to my property. My deeds make no obvious mention of this but they do state (in really archaic language) that they sign over all rights to my property for 999 years. Can you advise? Surely trespass laws still apply? If nothing else, I am almost ready to have the wall re-pointed and re-rendered so putting up such signs would prevent me from carrying such repairs. I live alone and barely have enough income to live on so cannot afford a solicitor.
  9. I had a visit by a baliff, of which i asked him to leave. which he refused. i told him that he was trespassing and that the property is not mine but my wife was the owner and she did not wish to have him at the property. he then called the police, which did not say or do anything. in hind sight i should have left him there and my wife and i carry on with going out for the evening and locked the security gates to the property. was he trespassing?
  10. Lets get the legal minds thinking on this one we all know the offence of trespass is now a civil offence, taken from the french word Tort There are criminal elemants to trespass by way of Section 61 of the Criminal Justice and Public Order Act 1994. Within that Act, section v contains the relevant legislation. you may need to read this below to get an idea of the legislation that i have compiled Power to remove trespassers on land. Criminal Justice and Public Order Act 1994 Even though trespass is a civil matter, the above Act creates a crime of collective trespass. In this short essay, I will explain the legal position on removing trespassers from private land. The statutory legislation that supports this process is contained within the Criminal Justice and Public Order Act 1994. The relevant section is Part V of the said Act. A senior police officer present can direct a trespasser off private land where the occupier has already taken reasonable steps to ask them to do so, and that the landowner now considers that person to be trespassing on his land. The police officer must have reasonable belief that two or more persons are trespassing before directing them to leave. The legislation is contained under Section 61(1) of the said Act. Under Section 61(1) (a) and Section 61(1) (b)) of the said Act: The police officer has to have reasonable suspicion that any trespassers has caused damage to the land or property, and using threatening, abusive or insulting words towards the occupier, family member or agent of the land owner. Section 61(1) (b) of the said Act also prohibits that those persons have six or more vehicles on the land at any one time. If after receiving a direction by a police constable to leave to leave the land under Section 61(1) of the said Act, and fails to leave the land as soon as reasonably practicable, the trespasser shall commit an offence. If the trespasser returns to the private land again after being directed to leave by a police officer within a three month period, the trespasser shall commit an offence. On summary conviction, the trespasser is liable to a term of imprisonment not exceeding three months, or a fine not exceeding a level 4 on the standard scale, or both. Now for the main question The above legislation is for land, but take a shopping center which is open to the public, but private property. If a teenager is skateboarding in the shopping center, By what Statutory Authority can !/The security guards remove the individual if he refuses to leave the shopping center 2/By what authority can the police remove an individual being its a civil offence of trespass Its statutory regulations that i am after to the above questions thanks for reading
  11. Hi, Last Friday (18/1/13) my 83yr old mother who suffers from vasculardimenture, an illness that effects the decision making process and short termmemory, was noticed in our local *&* store by there security team as"acting suspiciously" that is to say she had entered the store two orthree times in a short period of time. They called the police and by the timethey had arrived my mother had left the store. The police looked at all thecctv footage and could not detect any criminal activity and were leaving thestore when my mother returned once again. One of the PC's approached my motherand asked if she was OK, as he said she looked stressed. After satisfyinghimself that no crime had been committed and that my mother appeared to bedistressed decided to take her home. Before they left the store my mother wasgiven a "Trespass notice" which she brought home. This notice states :- 1 You are not permitted to enter into any of our stores again. 2 Your right as a member of the public to shop at any of our premises is nowwithdrawn this includes shopping in our branches or online @*&*.com and orders will notbe processed. 3 If you choose to ignore this notice you will be asked to leave. 4 Failure to do so may result in police action This it seems is a standard letter given to all who "shoplift"from their stores. When they arrived at her house my father answered the door, he's 84, and asmy mother was so distressed he also became upset because of her state. Thepoliceman asked if they had any other family members and was given my details. I spoke to the PC the next day (Saturday) and had the above story told tome. He went on to say that he considered the matter closed as nothing illegalhad occurred and he now knew my parents situation was monitored and they werebeing attended. I asked him what the situation was with this "Trespass Notice" andwhy it had been applied if there had been no offence committed and he told meto just tear it up as it couldn't be enforced anyway. I thanked him for his time and the way he had handled this matter but toldhim I was going to approach the store and ask for this "TrespassNotice" to be "Officially Retracted", as being issued with thenotice is what had upset my mother in the first place and if no crime had takenplace why had it been issued? He suggested that it may be better if he approached hestore rather than me as they have a close relationship with the stores securityteam, as you would expect, and that he would be in touch later on. By Tuesday afternoon I had not had any contact with the PC so I gave him acall on the contact number he had given me and was told that the store had notyet got back to him. This information was given to me by another PC, as theoriginal one was off duty, but he had called him at home and asked what thesituation was. The second PC then called the store and informed them of myrequest.... Later he called me and told me that a letter of retraction would besent to my parents house in the hopes that this would put the matter behind us. Later that day the store representative contacted me and told me that nosuch letter would be issued for legal reasons but that they had destroyed theircopy of the "Trespass Notice" and that the matter was closed in theiropinion and that my mother would be welcome to use the store again. So, my question is can I insist that a letter of retraction be issued? Iwould have thought it was the least they could do after causing so muchdistress and embarrassment to my mother. Thanks for your time in reading this
  12. The company I work for has received a "Notice of Trespass" in relation to one of our wagons being stopped on the roadside on a private industrial estate in Felixstowe. Note that this was not parking in a bay or layby but simply pulled up on a roadway (on yellow lines). This was recorded on CCTV. The agents, Proserve Enforecment Solutions issued a Notice for Trespass on 10th May for £100 (plus VAT) which we ignored in the same way as we would for a private company issuing a parking PCN. We have now received a second letter with a 50% additional charge suggesting that if payment is not received by Friday 1st June they "will" register the charge with the County Court. Usually the parking PCN's use the word "may" rather than "will". Are we in a different situation because they are using Trespass rather than just an ordinary parking notice? I would appreciate anyone's experience or advice with Proserve Enforcement or this type of notice.
  13. Hi, I'd be very grateful if anyone can give me some urgent advice... To outline my situation - I live in a H.A. flat. My mother was the sole tenant, with an Assured tenancy. I moved in with her in 2005 as her carer. Mom died in June last year. Upon her death I applied for 'discretionary' succession. The H.A. refused, I believe unreasonably. I have documentary evidence to support my claim, including a letter of reference acknowledging my residence at the address, from the Housing Officer. The H.A. has threatened to change the locks several times & has issued me with a NTQ twice. They have now issued a claim for Trespass. At the initial hearing, Judge looked at my defence bundle & ordered a 2 hour hearing at the beginning of October. Unfortunately, he seemed a little confused re: Secure/Assured tenancies & mentioned that there is relevant case law that includes interpretations of 'family members' & 'normally residing at', etc. I am aware that the succession rights in an Assured tenancy do not apply to family members other than a 'spouse or cohabitee', but they do in a Secure tenancy. So I'm worried that Judge has this issue confused & was considering my rights under a Secure tenancy. Either way, the fact is that I do not have any statutory or contractual right to succession. My only claim is for 'discretionary succession' to be granted by the H.A. My defence centres on the fact that the H.A. have not considered my application fairly & that they have disregarded strong evidence that I live & have lived at the property for years. I believe that the H.A. has been constructive in dismissing my claim for succession & has not excercised its dicretion responsibly. So my main question is simple - Is this a viable defence? i.e. Even if I am able to show evidence & convince Judge that the H.A. has treated me unfairly, does the court have the power to influence the H.A. to change its decision or reconsider my claim? Or is it bound by the fact that, at law, I am a trespasser as I have no tenancy & no statutory/contractual right to succession? I'd be really grateful if anyone can advise me on this urgently as my deadline to file my defence is this Wednesday. I also have another point on which I am considering defending the claim, if anyone has time I'd be grateful if you could also consider this - The tenancy states that it shall terminate upon the death of the tenant. But the H.A. did not terminate the tenancy on my mother's death, they wrote to me on several occassions to say that they would be closing the tenancy off 'soon' & have sent me up to date rent statements. Does this mean that the tenancy is/was still in existence after my mother's death, and if so did I inherit the tenancy? Would this make it a 'devolved tenancy' and would that mean that the H.A. should have issued a claim under Ground 7, Shedule 2 of the Housing Act? As this is a Trespass claim I have no access to legal aid & am unable to get advice from Shelter etc. so any advice will be received with heartfelt thanks. if you do think I have a defence, any pointers to the relevant case law would be really helpful to me. Thank you for taking the time to read this even if you cannot help.
  14. Hi, I'd be very grateful if anyone can give me some urgent advice... To outline my situation - I live in a H.A. flat. My mother was the sole tenant, with an Assured tenancy. I moved in with her in 2005 as her carer. Mom died in June last year. Upon her death I applied for 'discretionary' succession. The H.A. refused, I believe unreasonably. I have documentary evidence to support my claim, including a letter of reference acknowledging my residence at the address, from the Housing Officer. The H.A. has threatened to change the locks several times & has issued me with a NTQ twice. They have now issued a claim for Trespass. At the initial hearing, Judge looked at my defence bundle & ordered a 2 hour hearing at the beginning of October. Unfortunately, he seemed a little confused re: Secure/Assured tenancies & mentioned that there is relevant case law that includes interpretations of 'family members' & 'normally residing at', etc. I am aware that the succession rights in an Assured tenancy do not apply to family members other than a 'spouse or cohabitee', but they do in a Secure tenancy. So I'm worried that Judge has this issue confused & was considering my rights under a Secure tenancy. Either way, the fact is that I do not have any statutory or contractual right to succession. My only claim is for 'discretionary succession' to be granted by the H.A. My defence centres on the fact that the H.A. have not considered my application fairly & that they have disregarded strong evidence that I live & have lived at the property for years. I believe that the H.A. has been constructive in dismissing my claim for succession & has not excercised its dicretion responsibly. So my main question is simple - Is this a viable defence? i.e. Even if I am able to show evidence & convince Judge that the H.A. has treated me unfairly, does the court have the power to influence the H.A. to change its decision or reconsider my claim? Or is it bound by the fact that, at law, I am a trespasser as I have no tenancy & no statutory/contractual right to succession? I'd be really grateful if anyone can advise me on this urgently as my deadline to file my defence is this Wednesday. I also have another point on which I am considering defending the claim, if anyone has time I'd be grateful if you could also consider this - The tenancy states that it shall terminate upon the death of the tenant. But the H.A. did not terminate the tenancy on my mother's death, they wrote to me on several occassions to say that they would be closing the tenancy off 'soon' & have sent me up to date rent statements. Does this mean that the tenancy is/was still in existence after my mother's death, and if so did I inherit the tenancy? Would this make it a 'devolved tenancy' and would that mean that the H.A. should have issued a claim under Ground 7, Shedule 2 of the Housing Act? As this is a Trespass claim I have no access to legal aid & am unable to get advice from Shelter etc. so any advice will be received with heartfelt thanks. if you do think I have a defence, any pointers to the relevant case law would be really helpful to me. Thank you for taking the time to read this even if you cannot help.
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