Charge Notice for trespass - Legal?

[bluetilidie]

Hi,
We are an agency who has a driver who has just received a Charge Notice from ProServe Enforcement Solutions for committing 'Unauthorised Trespass' on 07/04/14 at Ransomes Europark in Ipswich.

They have supplied (bad) photgraphs of his truck which looks to be pulled over at the side of the road (brake lights on in one picture, so engine still running). They state the fine of £250 (reduced to £180 if paid in 14 days) is because he stopped/parked/waited without due authority or permission and states it is a breach of contract between the landowner and the driver that is allegedly clearly displayed at the site.

The pictures show this vehicle, on what looks to be a public road.

ProServe have sent this letter to our client, whoi have passed it to us as it states that as the driver was engaged by us, we are also legally liable for this charge, They have given us 28 days to supply the drivers details.

What should we, as the agency, do?

Thanks
J

[teaboy2]

Re: Charge Notice for trespass - Legal?

Can you post up a copy minus personal details, and a link to the image too if possible? Leave location (post code of where alleged act occurred) in so we can check the road on Google street view. Basically we need to ascertain the facts and the ownership of the road, before we can advise accurately.

Other benefit of google street view is can see what if any signage is there, though granted the images may not be recent.

[enquirer]

Re: Charge Notice for trespass - Legal?

They state the fine of £250 (reduced to £180 if paid in 14 days) is because he stopped/parked/waited without due authority or permission and states it is a breach of contract between the landowner and the driver that is allegedly clearly displayed at site.

One cannot impose a fine for a Breach of Contract, although a penalty clause may be written into the contract. In an effort to intimidate, they have conflated Criminal Law, the Law of Contract, and Tort.

Although things like this are usually little more than speculative invoices, it is not beyond the realms of possibility that there might be some substance to their claim. You must therefore determine the exact circumstances.

Require them to produce evidence that the signage exists, that it is visible (not obscured by trees, other vehicles etcetera), and is properly worded. As teaboy2 suggests, post the exact location, so it can be examined. Alternatively, you might go there yourself. If you do so, take timestamped photographs.

If they have suffered no loss, a claim for damages in simple trespass would have very little chance of success.

It is likely that you as an employer would be vicariously liable for the actions of your employee, as long as he was broadly acting in accordance with your instructions.

[teaboy2]

Re: Charge Notice for trespass - Legal?

Just an after though. But where the image shows the lorry with the brake lights on, what the image doesn't show is whether the lorry was moving (just braking to slow down) or not! Its like taking a photo of a moving car, and saying its parked. An image wouldn't show if its stationary or moving or not. Also in order for it to be trespass, then the land it self would have to be private land, and their is no difference between parking on private land and driving on private land. Trespass applies to both.

There is no such thing as "Unauthorised Trespass" as trespass is simply trespass and is a tort (unless it amounts to a criminal act, like assault (trespass to person)). And as enquirer points out, they are trying to mix law of contract, with criminal law and tort.

Also, they have no right to charge you a penalty in law, unless they have suffered loss as a result and even then, under contract law, they are only entitled to claim the exact loss from the driver. In court they would have to proof the drivers actions caused them (The land owner) a financial loss. Plus it would have to be the land owner that takes you / the driver to court, since that is the alleged other party of the alleged contract.

[ostell]

Re: Charge Notice for trespass - Legal?

Unfortunately one driver did lose at small claims court: http://forums.pepipoo.com/index.php?...=post&id=27029 as the judge considered there was a contract and the charge was reasonable.

But then later a car driver successfully defeated the charge. Search on Ransomes on the pepipoo forum