Charge for trespassing?

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Discussion

Red Devil

13,060 posts

208 months

Thursday 20th September 2018
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yes It must be if DB Cargo are facing prosecution. If it were the parents of the injured children seeking redress it would be a civil action, not criminal.

blueg33

35,847 posts

224 months

Thursday 20th September 2018
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The crane fee is easily justifiable, on our small sites the cost of delay is circa £20k per week, on the sites big enough for a tower crane it could be £80-100k per week.

If there is risk that a crane has been tampered with then it will need to inspected, this has a cost plus the crane can't work maybe for several days.

When we had a mobile crane fall over on a site we sued the crane operator and the payment was circa £150k. This covered the delay caused (2 weeks) and other consequential losses. Management time alone dealing with HSE would have been pretty significant.

Atomic12C

5,180 posts

217 months

Thursday 20th September 2018
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pavarotti1980 said:
The Selfish Gene said:
as long as you leave when requested, and don't do any physical damage, I believe that you can't be 'charged' for trespass.

You certainly can't be fined privately for it - see also why clamping was stopped.

I am friendly and help out with a number of base jumpers - they are often caught, and have this conversation with Plod.

At no point have any of them been charged with anything.
probably because trespass is a civil offence and not a criminal one
This is how I've always remembered it.
One can be on private property and be asked to leave - no automatic chargeable offense has been committed. Unless you refuse to leave - it then becomes "aggravated trespass" which is a criminal offence.

There are however a number of protected sites within the UK that are criminal trespass - and simply entering them without authority is a criminal offence ; these would be the likes of railways, airports, MOD land, Royal Family property, government buildings (MI5, parliament etc.) and a few other special cases.

ging84

8,893 posts

146 months

Thursday 20th September 2018
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AdeTuono said:
What sort of 'customer' would be climbing a crane. Bundles of £50's or not?
I guess the same sort of person will to pay £80 so they can park for 4hours in a car park that is free for 3hours.
In other words a completely non existent hypothetical person who only exists in they eyes of a bullst law that allows you claim people agree to a clearly putative contract terms on the basis you put up a sign.