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Can a driver be penalised for 'trespassing' on a private road?
I read recently about a chap who had inadvertently driven down a private road, turned around at a convenient spot and made an exit from the area. He noticed he was being filmed doing this. Later he received a letter demanding money for trespass. You advised that he send £10 in 'full and final settlement'. This seems contrary to advice given in the 'back room' which is never to acknowledge these demands. If they wish to pursue you in a civil court for trespass, let them, but I suspect they would have a hard time winning such a case or getting any damages if they did. What is the best course of action?
Asked on 12 August 2010 by concrete
Answered by
Honest John
My advice applies if there was a notice. But if there was no notice warning against trespass in that private road then there was no contract, because no contractual terms had been notified and the backroom advice of ignoring it might hold.
Tags:
legal advice
private property
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