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Parking in Paradise Square


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Quote:

 

Originally Posted by No User Name

 

What grief? How is this enforced? As already said, a bunch of law firms really should know better.

 

I think you've jumped on the "it's not enforceable" bandwagon, a little too quickly.

 

The tort of trespass is a very pleasant thing. Can be enforced by a landowner or anyone with a legimate and authorised interest in the land. Now we know that's not PPC's, but what if you are a lessee of the land, as most of the chambers and firms in Paradise are.

 

Well, then you have a right to sue for trespass.

 

We further know that in PPC cases, there's often no loss, as there are other parking spaces. Not in this case. Mr Barrister has a set space at chambers, and if he can't park in it (they have their own, if they're senior enough), he has to go off and park in town for a day, paying perhaps £15 for the day. Bearing in mind you've trespassed, he's under no obligation to shop around. Mitigation of loss doesn't always mean finding the cheapest, just being reasonable.

 

What else - how about loss of earnings whilst he messes around finding a space - an hour on QC wages is a good £500.

 

I don't work in those offices by the way, but I think you want to be careful assuming all private land parking can't be actionable.

 

Couple more things to add..

 

Firstly, you don't need terms and conditions for trespass.

Secondly, whilst most places wouldn't try to enforce it, seeing as the barristers will often be at Court anyway, does it really cause them problems to represent themselves?

 

I agree with you moosey. this is not your usual ppc issue, like you say they will most likely have a land interest and could sue for trespass

 

 

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Quote:

 

Originally Posted by Eckolad

 

I agree with you moosey. this is not your usual ppc issue, like you say they will most likely have a land interest and could sue for trespass

 

 

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Trespassing with intent to do what?

 

Trespass is a tort. A civil matter. Intent isn't relevant.

 

 

 

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But trespass cases never reach court unless intent can be proven. Thus trespass can be undertaken with complete impunity.

 

Not at all. I've run quite a few. Are you thinking of criminal trespass?

 

 

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I am thinking about parking.

 

I'm confused I'll admit. You were saying you needed intent for trespass. Whether it's parking or any other form of trespass that isn't the case.

 

 

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