The difference of the cases referred to by pin1onu is that in most of the recent reported instances there would be difficulty proving trespass when the use of the land as a public car park was a condition of the granting of planning permission and most likely to also be a contractual requirement in the tenancies granted by the owners. However, the point I make is not for the police or the courts to take action in respect of the rights or wrongs of parking or clamping but that they should proceed against the agents who have set up parking companies that contravene of the 'Admin. of J.Act' in a manner which is criminal, - and also against the landowners and solicitors/collection firms who aid and abet in the harassment and intimidation and misuse of that law.

I am unaware of any action other than the law of trespass that any owner of private property can currently take against someone who parks a vehicle on their property. The police need to become involved because some private landowners have created private parking provisions for commercial reasons (supermarkets, airports, etc.) and invite the public to make free use of them. Whether or not they can substantiate that somehow a contract is entered into by users is irrelevant – they have NO authority for clamping or issuing penalties. Neither have they any legal rights to attempt to enforce the payment of penalties or suggest in the manner they do that – 'an offence as occurred' or that - the mimicked statutory markings had any meaning in regard as to how parking on their land should be undertaken. Most importantly is the manner they adopt in endeavouring to implement penalties in ways that are an offence under - s.40 of 'The Administration of Justice Act 1970'. and therefore their actions are 'criminal' and squarely a matter for the POLICE and not Trading Standards. It could also be that the setting up of a registered company to undertake or attempt to imply legitimacy of an illegal operation is Fraud

Further to my reply on 12 March to "Bernie the Bolt" - 'Private Parking Tickets - Template Letters' I have been contacted by my local police. Initially they suggested that my complaint was a 'civil' matter, but when I stressed that - 'that might be the case regarding the actual parking, but not so in respect of the perpetrators subsequent actions' - they said they would investigate further. My points are - In most cases the land owner is under planning and/or contractual obligations to provide FREE parking provision for customer/visitor vehicles Terms or conditions cannot be enforced under any criminal or statutory basis and would only be enforceable in some cases if a charge or written contract was effected Under civil law the only action that could be pursued by a land owner would be one of trespass - for which the only claim would be for the restitution of any damage caused or loss incurred - Normal usage would not cause damage and wear and tare negligible and in any event the landowner has a obligation to maintain Therefore there is NO basis upon which a landowner could succeed at Law and they ARE AWARE that this is the case, therefore their action of issuing parking tickets has no legal basis and when they - mimic local authority documents and statutory highway markings and then use the DVLA to imply they have legal rights to levy penalties and demand money in settlement of an 'offence' by people (who they deem offended various of these) harass and threaten so called offenders with visits from bailiffs and debt collectors and court prosecution and adding their names to bad credit lists THEY are committing CRIMINAL OFFENCES under s.40 of 'The Administration of Justice Act 1970'. Having now read of so many incidents rather than engage in any way with these touts I suggest ALL recipients should complain to the police and ask them to proceed against the landowner and all those involved for contravening the Law If inundated with such demands - positive rulings will ensue

You might be interested in the following. I have had notification from Avon & Somerset Police that they have appointed a police station to look into the matter and contact me, but as yet I have not been contacted. If many victims also refer their situations to the police we could ensure something is done about this illegal activity. 071222 - Letter to UKPC in response to Parking notice which had no response I act for the recipient of the above notice. Your charge is unlawful and unenforceable The pseudo official replication imparts intention to deceive and defraud, is threatening and has caused stress to my client. Rather than also cause my client additional financial loss I advise you to make payment to my client of £65.00 to cover my charge to him for this letter. If you ignore this payment or persevere TAKE NOTICE THAT ● Any further contact or communication must be addressed to (the writer) BE AWARE ● If this requirement is disregarded it could cause action that would probably rely on (The Administration of Justice Act 1970 & Protection From Harassment Act 1997 and misuse of DVLA records) to be implemented AND reports will be sent to the Police requesting them to implement action against you, the landowner and any other party invovled AND THAT - further communication to me from your company WILL NOT be responded to UNLESS full clarification of the following matters have been presented - Precise details of your Company's registration at Companies House and a list of it's directors/owners For the land/premises upon which the incident occurred – Identification and full details of all the registered title holder(s) together with details and the terms of any tenancies granted Full details of the conditions laid down by the land owner or tenant in respect of restrictions or terms levied for vehicles parking on the land Full details of any contract authorising UKPC to act for and to levy charge or penalty on the referred to land/premises. Details of any signage or other means you purport informs car park users that there are terms and conditions under which they may park vehicles on the land Full explanatory detail of the alleged charge referred to in your notice After further communications, the last being from a entity attempting to portray the impression of being a solicitor or debt collecting practice, I contacted the police 080208 - emailed via Police website – could not transmit bitmaps Mr ********* (my client) visited the Aspects Leisure Park for the purpose of making trade with one (or more) of the traders that are located there. As a consequence and without any intention or purposeful endeavour on his part he is being illegally pestered and harassed by an entity that describes itself as United Kingdom Parking Control (UKPC) Ltd. In order to gain planning permission (PK/2190/R3F granted 7/sept/04) for the development the owner(s) Aspects Leisure Park Newnham Avenue Bedford Bedfordshire MK41 9PP were obliged to provide and maintain car parking facilities for use by any vehicle user attracted by the facility. Furthermore in order to attract retail buyers and tenants for the premises they constructed AND in turn the potential customers for those retailers - they have chosen, or have contractual reasons - Not to make any charge for such provision. Criminal law does not apply because the car parking areas and access roads on their property - have NOT been adopted by the local authority and are NOT subject to any by-law the passage of vehicles upon private premises or roads is NOT subject to any statutory Act and were it to be any prosecution would be a matter for the Police and/or Local Authority. Their inference that drivers automatically enter into a Private Contract would be questionable because their provision of car parking is obligatory (planning requirement) their maintenance of the facilities is also inherent in the requirement and the entitlement to park is free - that were they to somehow establish in a Court that a contract was generated by a driver electing to park - the only outcome their land owner would have for a breach of any conditions they implied would be for any loss and/or restitution of any damage that occurred as a consequence of parking and in all cases that would be zilch. If they were to base their claim on the presence of signs and wordage displayed on entering the Leisure Park it also could be easily contested since the wordage would need to be prominent and fully explanatory the usage of mimicked statutory markings/signs would have to be made clear. UKPC Ltd must be aware of these shortcomings and therefore together with the landowners for whom they purport to be agents or contractors knowingly acted and continue to act illegally and should therefore be prosecuted under at least Section 40 of the the Administration of Justice Act 19701 Attached are copies of related documents from which it can be observed that UKPC have - harassed and endeavoured to intimidate and frighten my client mimicked statutory road markings and signage made similarities to official documents in the manner and wordage of their documents and correspondence illegally and/or abusively used DVLA systems and records failed to indicate on the site that a condition of parking requires compliance in a manner of use that is similar to those indicated by the statutory markings that they have copied wrongly inferred that an 'offence' occurred - that it was a 'penalty' – that 'parking fines incurred' and implied the DVLA permitted 'parking tickets' to be issued. Are threatening action in the County Court for 'breach and compensation for parking on private property' and are wrongly asserting outcomes and consequences (While the land ownership might be private the condition of it's 'Use' determines that the 'traffic plan' inherent in the granted planning permission is adhered to which requires them to provide and maintain public vehicle parking) 1 Section 40 of the the Administration of Justice Act 1970 provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it falsely represent themselves to be authorised in some official capacity to claim or enforce payment; utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Paragraph (a) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or of the enforcement of any liability by legal process. It is also provided that a person may be guilty of an offence under paragraph (a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.