Received a sticker on my car window on a private company car park Quick story: I parked in my company car park (so I guess its private land), in a place where 'the bay is not marked'. I see many people parking in the same spot, and never have I seen a sticker on their window. It's a large sticker (around half A4 size), stuck to my driver's window. Just a warning not to park there as I am not allowed, with writing that I could barely read. The sticker itself left a lot of glue marks on my window, so I am asking the security company to pay for the damage. Is this allowed? The response I got is that it's my fault for parking in a place that I shouldn't, but surely they do not have the right to put stickers on my car which do not easily peel off? Can I take this further? And what laws do I / the parking company have in such situation? From my research, private land owners do not have the right to clamp your car, but I couldn't find any recent news about sticker on cars. This occurred in the UK
You may be entitled to compensation for reasonable costs related to restoring your window to its previous state. If you sue, you will have to present your actual expenses and show that they are reasonable. Ultimately this boils down to how much it really costs to clean the glue off your window. A safe bet is to take it to a few reputable dealers/shops, get written quotes, go with one in the middle and keep your receipts. Make sure that you are paying only for the actual task at hand, not some sort of "one hour minimum" or "flat rate" charge. Just to be clear, have you tried soap and warm water? You are never going to come out monetarily ahead in this pursuit.
In general, you don’t need an alternative defence. It is inherent in the common law that, unless the statute is explicitly retroactive (and legislators are reluctant to go there) it cannot make illegal that which was at the time of the act, legal. For example, assume the old sign had unlimited and the new sign reduces this to 2 hours. If you parked before the sign was changed you could leave your car there forever so long as you never move it. The NYC law give further rights - a period of grace where the owner can rely on the old restriction as a defense, even if they parked after the sign had been changed.
This is an amusing idea, but ultimately it seems frivolous: How does one establish the physical presence of a corporation in a car? Yes, corporations have some of the legal rights and liabilities of people, but they are not people. And there are plenty of rights a person has that a corporation does not. For example (at present) a corporation can't be a party to a marriage. The closest a corporation comes to any corporal presence is the address listed of their agents.
user662852 has a good point -- whoever own the property has the right to make the rules. Is the property, land+construction in fact your's or does it belong to the HOA who just grant you access as a lease holder? Different states has different rules, but in my state it is illegal to maroon a property and there must be a access to public streets even when this necessitate passing over somebody else land. However that is irrelevant if the HOA owns the land your house is build on. I think you will have to look at your HOA agreement and see what it says.
This is an excellent explanation. All Australian jurisdictions have (in general) common road rules. In NSW these are enacted by Road Rules 2014 regulation under the Road Transport Act 2013. The relevant provision is Clause 306: 306 Exemption for drivers of emergency vehicles A provision of these Rules does not apply to the driver of an emergency vehicle if: (a) in the circumstances: (i) the driver is taking reasonable care, and (ii) it is reasonable that the rule should not apply, and (b) if the vehicle is a motor vehicle that is moving-the vehicle is displaying a blue or red flashing light or sounding an alarm. From your statement (a)(i) and (b) would seem to apply so it becomes a question if (a)(ii) does. Well, you don't know the circumstances so you can't judge if it is reasonable that the rule not apply: if the police car were involved in a collision, caught on a red light camera or booked then the driver would have to show that it was. It is worth noting that some road offences like drink or dangerous driving are not in the Road Rules, they are in the Crimes Act and so the exemption doesn't apply to them. It is also not a shield from civil liability although the difficulty of proving negligence goes up because disobeying the road rules is no longer enough.
Reading those clauses, you can see that you can park in an emergency. You can park with your vehicle dies and you can't move it. You can park if it is specifically allowed (maybe a sign saying &quot;unrestricted parking allowed here&quot;). Otherwise, you may park on a parking lane (or roadway, or shoulder) but subject to conditions also listed: &quot;unless there is a clear passage for other motor vehicles, and your vehicle can be seen for 60 metres (200 feet) along the roadway in both directions&quot;. Regardless of the name of the piece of road, you are allowed to park there but only if your car is clearly visible, and there is room to get around you.
There is no intention to commit theft, so there is no criminal act on the part of the customer. Even if there was a criminal act, the ability of the restaurant to detain the cusomer (citizen's arrest) is very limited in most jurisdictions. The restaurant can ask the customer for his name and address, but there is no legal obligation on the customer to provide this. Refusal to do so, however, might be evidence of intention to avoid paying and at that point the restaurant might call the police. The customer can leave, and the restaurant can pursue the debt through the civil courts if they have means to do so - they may have CCTV of the customer and his car registration which can be traced. Petrol stations, where people often fill up and then realise they can't pay, usually have established "promise to pay" procedures where they take the customer's details and the customer has 48 hours to pay before police or civil enforcement action is taken.
If the sticker is not easily removable, it would likely fall under defacement of the mail which is illegal according to 18 U.S. Code § 1705 - Destruction of letter boxes or mail: Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined under this title or imprisoned not more than three years, or both. They do not have the right to deface your mail while they are holding it for you, and just because it's not inside an actual mailbox because it doesn't fit is not an exception. However, that requires arguing that a sticker is actually defacement. If it can easily be removed, like a sticky note, then you likely won't win that argument. In fact, many universities which must handle mail services for students advise that rubber banding a note around the mail is acceptable, as is writing student information onto the mail. So complaining about the sticker would likely just cause them to attach it in a different way that does not qualify as defacement. You can't completely stop them from advertising their stuff, and it's really not much different than if they had gone around and put a door hanger on all of your doors.