Injury sustained in parking area

[Guest Martiens Bekker]

Hi

Case Study I:

To be able to park on the Port Isaac beach you must purchace a permit of £120 for a year. At different times the beach or lets call it then the parking area has lumps of seaweed deposited by the high tide.

Yes, this parking area, for which you have to purchase a £120 permit is covered by sea water, basically half of the year.

Public has free access to this parking area to visit the beach, although one seem to be the other as long as the tides not in.

I strolled down wanting a restfull walk on the beach. I chose to begin my walk entering the parking area/beach from the left hand side where there was cars parked. As I walked in between the cars to get to the rest of the beach I tripped over a huge bundle of wet and slippery seaweed and injured my back.

Who can I sue?

 

Case Study II:

I have permit to park on the Port Isaac Beach which I also refer to as the parking area. During high tide my favorate 'parking bay' is however covered with sea water. I decided to jumped into the sea excactly where I chose to park my car and misjuded myself with the depth of the water. The result was that I fell on my bum in my favorate 'parking bay' and subsequently hurt my back.

Who can I sue?

 

Most of you would probaly have picked up my problem here. PARKING PIRMITS are sold to motorists at £120 for a year to park on the Port Isaac beach. This 'parking area' consists of what is also known as the FORESHORE and it is impossible to use your pirmit during hightide.

Illigal parking or non-permit displayed parking offences are controlled and managed by a private parking company. If you appeal their £90 PCN you are told that you have TRESSPASSED ON PRIVATE PROPERTY.

i've asked for the information of the private entity owning the 'parking area' from the private parking company who should have written consent to act on their behalve - no reply.

I understand that the Dutchy of Cornwall have the mining rights to most beaches in Cornwall and even if it has the rights on this beach no parking areas can be managed to facilitate the public to park there. An active mining area should be fenced in and managed via a gate.

There is NO access restriction of any kind to the public wishing to spend the day on the beach or swim in the sea. Vistors and locals move over and use these areas on a daily basis.

 

The cherry on the cake is that the private company ebforcing the law here are using PCN that do not comply to the Barnet v Moses case!!!!!

 

Anyone out there who would like to think with me on this one or advise me or put me unto a GOOD solicitor?

[MARTIN3030]

Welcome to the site.

I am unable to offer much here,but would imagine that there should be a duty of care.

No doubt others will be along to give some pointers.

[kwaks]

Case Study I, sue Neptune for illegal fly tipping

Case Study II, sue Gravity .

 

So you slip on sea weed and jump in water too shallow, probably hurting your pride more than anything else. Be more careful.

 

A quick look at the site shows this is actually a council car park, merely being run by a contracted company. So any PCN recieved can be appealed through legitimate channels and the non complience is a valid appeal point.

[lamma]

I seem to recall there all kinds of old rules (laws) about foreshore and the tidal area.

needs a lot of looking into I think.

 

Show us the PCN.

[green_and_mean]

I got wet walking to my car in a Council car park last week and caught a cold, can I sue the Council?

[letshelp]

I got wet walking to my car in a Council car park last week and caught a cold, can I sue the Council?

You can try. Send them increasingly threatening letters and see if they crack and pay you:-)

regards

[Bernie_the_Bolt]

Something's odd here. The council would not respond to an appeal saying the issue was trespass so I don't get it.

As far as injuries are concerned, to make a successful claim, unless settled for commercial reasons you would need to show negligence which, other than your own I cannot see in the circumstances you suggest.

[green_and_mean]

Something's odd here. The council would not respond to an appeal saying the issue was trespass so I don't get it.

As far as injuries are concerned, to make a successful claim, unless settled for commercial reasons you would need to show negligence which, other than your own I cannot see in the circumstances you suggest.

 

Illigal parking or non-permit displayed parking offences are controlled and managed by a private parking company. If you appeal their £90 pcn you are told that you have TRESSPASSED ON PRIVATE PROPERTY.

[Bernie_the_Bolt]

Illigal parking or non-permit displayed parking offences are controlled and managed by a private parking company. If you appeal their £90 pcn you are told that you have TRESSPASSED ON PRIVATE PROPERTY.

 

Sorry, I focussed on this:

 

A quick look at the site shows this is actually a council car park, merely being run by a contracted company. So any pcn recieved can be appealed through legitimate channels and the non complience is a valid appeal point.

 

My LA contracts a private company to run their car parks and off-street parking enforcement. I didn't think it was unusual.