Legal Aspects

The law of trespass provides remedies enabling a landowner or tenant to protect their parking facilities. An individual is trespassing if he or she enters a piece of land without the permission of the landowner or tenant.

The law of trespass is such that even those with permission to enter the land can be deemed a trespasser if they fail to adhere to the parking regulations displayed on the land.

Damages
When making a claim for trespass, as long as the landowner or tenant can prove the actual trespass, they are entitled to damages even if there is no damage caused. If a trespasser has used the landowner or tenant’s land then the landowner or tenant is entitled to receive a reasonable level of compensation for that use.

A balanced approach
Generally, the issuing of parking charges and the monitoring of the car park deters individuals abusing the facilities. A landowner should be aware that if a parking charge is issued and paid for, then they are waiving their right to make a claim for damages.