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Illegal sign on my house, Private parking company have stuck their Ts and Cs on my house
k113ar
post Mon, 22 Oct 2018 - 21:06
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Hi all!

Quick question. I am struggling to find an answer to this.

A private parking company have stuck a sign on the side of my house with their Tc and Cs and have blobbed dirty glue on the wall of my house. Are they allowed to do that? If no can I take action against them through a small claims court?

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post Mon, 22 Oct 2018 - 21:06
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Jlc
post Mon, 22 Oct 2018 - 21:07
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Of course they can't - why the rush to court? You should contact them to rectify their mistake first.


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RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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cp8759
post Mon, 22 Oct 2018 - 21:33
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QUOTE (k113ar @ Mon, 22 Oct 2018 - 22:06) *
Hi all!

Quick question. I am struggling to find an answer to this.

A private parking company have stuck a sign on the side of my house with their Tc and Cs and have blobbed dirty glue on the wall of my house. Are they allowed to do that? If no can I take action against them through a small claims court?

At the very least it's trespass and at worst it's criminal damage. I would remove the sign, if you can get the glue off great, if not, repaint the wall and send them a bill to cover the costs. If they make a fuss, tell them you'll agree not to report them to the police for criminal damage if they pay to fix it. You may also want to charge them a storage fee for the sign until they come and pick it up.

QUOTE (Jlc @ Mon, 22 Oct 2018 - 22:07) *
Of course they can't - why the rush to court? You should contact them to rectify their mistake first.

I can see why you'd suggest the softly softly approach. I'm not a softly softly type of guy though.


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southpaw82
post Mon, 22 Oct 2018 - 22:31
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When you say “your wall” do you own or rent the property? Have you checked to ensure your neighbour (I’m assuming the parking company are operating on behalf of a neighbour) has no rights to attach such a sign?


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cp8759
post Mon, 22 Oct 2018 - 23:11
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QUOTE (southpaw82 @ Mon, 22 Oct 2018 - 23:31) *
When you say “your wall” do you own or rent the property? Have you checked to ensure your neighbour (I’m assuming the parking company are operating on behalf of a neighbour) has no rights to attach such a sign?

The Party Wall etc. Act 1996 could be in play if that is the case. Any damage to the paint or discolouration caused by the glue could be a defect the OP might be entitled to repair.


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DastardlyDick
post Wed, 24 Oct 2018 - 18:48
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QUOTE (cp8759 @ Mon, 22 Oct 2018 - 22:33) *
QUOTE (k113ar @ Mon, 22 Oct 2018 - 22:06) *
Hi all!

Quick question. I am struggling to find an answer to this.

A private parking company have stuck a sign on the side of my house with their Tc and Cs and have blobbed dirty glue on the wall of my house. Are they allowed to do that? If no can I take action against them through a small claims court?

At the very least it's trespass and at worst it's criminal damage. I would remove the sign, if you can get the glue off great, if not, repaint the wall and send them a bill to cover the costs. If they make a fuss, tell them you'll agree not to report them to the police for criminal damage if they pay to fix it. You may also want to charge them a storage fee for the sign until they come and pick it up.

QUOTE (Jlc @ Mon, 22 Oct 2018 - 22:07) *
Of course they can't - why the rush to court? You should contact them to rectify their mistake first.

I can see why you'd suggest the softly softly approach. I'm not a softly softly type of guy though.

I believe that if you were to go down the Court route, the Court would want to see that you've given them a chance to rectify their error.
Write to them, giving them say 28 days to remove it, or you'll have it done and send them the bill, which you expect them to pay or you'll see them in Court.
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cp8759
post Wed, 24 Oct 2018 - 21:42
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QUOTE (DastardlyDick @ Wed, 24 Oct 2018 - 19:48) *
I believe that if you were to go down the Court route, the Court would want to see that you've given them a chance to rectify their error.
Write to them, giving them say 28 days to remove it, or you'll have it done and send them the bill, which you expect them to pay or you'll see them in Court.

Three words, distress damage feasant biggrin.gif


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Trampilot
post Thu, 25 Oct 2018 - 15:18
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You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

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The Slithy Tove
post Fri, 26 Oct 2018 - 14:51
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When you say "your" wall, is it? Is your home freehold or leasehold? If the latter, then the wall may be deemed to be part of the structure for which maintenance is shared. In which case you may not be able to simply say its "your" wall. Also, to what area is the PPC alleging to be imposing restrictions? Why is a PPC involved? Need to know more about the nature of ownership of the property and its surrounding area to be able fully to answer the question.
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cp8759
post Sun, 28 Oct 2018 - 14:41
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QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


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andy_foster
post Mon, 29 Oct 2018 - 15:40
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QUOTE (cp8759 @ Sun, 28 Oct 2018 - 14:41) *
QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


You are correct that silence does not constitute acceptance. However, I am far from certain that continuing to display their board could not constitute acceptance.


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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cp8759
post Mon, 29 Oct 2018 - 17:53
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QUOTE (andy_foster @ Mon, 29 Oct 2018 - 15:40) *
QUOTE (cp8759 @ Sun, 28 Oct 2018 - 14:41) *
QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


You are correct that silence does not constitute acceptance. However, I am far from certain that continuing to display their board could not constitute acceptance.

An acceptance of what? The PPC has not made any offer to the OP, they are trespassing upon his property. I suppose if the sign were left for a long period of time they could make an estoppel argument but the sort of bods that work at a PPC won't even know what that means.

If the OP owns the wall, I would take the sign down, repair any damage to the wall, and impound the sign under the DDF principle until they pay the costs back.


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andy_foster
post Mon, 29 Oct 2018 - 19:58
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QUOTE (cp8759 @ Mon, 29 Oct 2018 - 17:53) *
QUOTE (andy_foster @ Mon, 29 Oct 2018 - 15:40) *
QUOTE (cp8759 @ Sun, 28 Oct 2018 - 14:41) *
QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


You are correct that silence does not constitute acceptance. However, I am far from certain that continuing to display their board could not constitute acceptance.

An acceptance of what? The PPC has not made any offer to the OP, they are trespassing upon his property. I suppose if the sign were left for a long period of time they could make an estoppel argument but the sort of bods that work at a PPC won't even know what that means.


rolleyes.gif


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whitewing
post Mon, 29 Oct 2018 - 21:52
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QUOTE (andy_foster @ Mon, 29 Oct 2018 - 15:40) *
QUOTE (cp8759 @ Sun, 28 Oct 2018 - 14:41) *
QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


You are correct that silence does not constitute acceptance. However, I am far from certain that continuing to display their board could not constitute acceptance.


Place another sign covering it up, stating that removal of the cover or placing any other sign on the wall constitutes acceptance of terms.
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notmeatloaf
post Wed, 21 Nov 2018 - 21:51
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Happened at a place I used to work. If you are sure they cannot place signs their without your permission rip them down and put them in the bin. When they come back and put them up again higher up the wall rip them down again.

PPCs are notoriously stupid but even they are not going to take you to court when they don't even know it is you for some cheap signs. However if you contact them and they dig their heels in they may make a fuss if you subsequently remove the signs.

My time is much, much too valuable to waste playing silly buggers with a PPC.

This post has been edited by notmeatloaf: Wed, 21 Nov 2018 - 21:52
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cp8759
post Wed, 21 Nov 2018 - 23:52
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QUOTE (notmeatloaf @ Wed, 21 Nov 2018 - 21:51) *
Happened at a place I used to work. If you are sure they cannot place signs their without your permission rip them down and put them in the bin. When they come back and put them up again higher up the wall rip them down again.

PPCs are notoriously stupid but even they are not going to take you to court when they don't even know it is you for some cheap signs. However if you contact them and they dig their heels in they may make a fuss if you subsequently remove the signs.

My time is much, much too valuable to waste playing silly buggers with a PPC.

You're forgetting the part where you can claim loss of earnings.


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Churchmouse
post Thu, 22 Nov 2018 - 18:16
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QUOTE (cp8759 @ Mon, 29 Oct 2018 - 17:53) *
QUOTE (andy_foster @ Mon, 29 Oct 2018 - 15:40) *
QUOTE (cp8759 @ Sun, 28 Oct 2018 - 14:41) *
QUOTE (Trampilot @ Thu, 25 Oct 2018 - 15:18) *
You could make them an offer of £100 per day to allow their advertising on your property. If they don't reply or remove within 7 days you will assume they agree to these T&Cs and will begin to bill them.

That won't work, a failure to respond would not constitute acceptance of the terms.


You are correct that silence does not constitute acceptance. However, I am far from certain that continuing to display their board could not constitute acceptance.

An acceptance of what? The PPC has not made any offer to the OP, they are trespassing upon his property. I suppose if the sign were left for a long period of time they could make an estoppel argument but the sort of bods that work at a PPC won't even know what that means.

If the OP owns the wall, I would take the sign down, repair any damage to the wall, and impound the sign under the DDF principle until they pay the costs back.

Not the PPC's offer, the OP's offer, as suggested by Trampilot...

This case is crying out for additional information, but the OP appears to have lost interest. Who owns the damned wall?

--Churchmouse
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