some legal input please

Message

Aladinsaneuk · #16 Post by **Aladinsaneuk** » Tue Apr 17, 2012 12:16 pm

cheers geoff

http://www.bbc.co.uk/watchdog/consumer_ ... vice.shtml

very interesting - basically, let them summon and threaten etc

the onus is on them to prove their case and as we have the ticket

Nooj · #17 Post by **Nooj** » Tue Apr 17, 2012 2:31 pm

As an aside, I believe you also don't have to pay any fines issued by supermarkets for parking in their car parks.

back_marker · #18 Post by **back_marker** » Tue Apr 17, 2012 3:53 pm

Nooj wrote:As an aside, I believe you also don't have to pay any fines issued by supermarkets for parking in their car parks.

Had one of theze myself last year. Looked into it and basically what it boils down to is unless you have a Penalty Chrgae Notice from the Police (a criminal matter), it is a matter of contract law. You have broken the contract you took out with them when you read one of the many signs in the car park. They can take you to court and sue you for breach of contract but can only claim for costs they may have lost by yopu being there, ie the parking charge for your stay that someone else would theoretically have paid to use the space that you were taking up. They are not allowed to charge any kind of penalty.

They generally send out a couple of bullying letters, then a couple from another desk made up to look like a debt collection agency, threatening a visit, then maybe acouple more from another desk made to look like solicitors letters or even court paperwork. Generally best to ignore them until they go away. To be honest it is quite easy to see that the paperwork is a con, when they are trying to tell you they have begun legal proceedings, but still telling you with the next breath that it will go away if you pay the original penalty.

Aladinsaneuk · #19 Post by **Aladinsaneuk** » Tue Apr 17, 2012 5:00 pm

i will ask hanna's dad - he is a barrister....

if they are going to waste my time, i will bill them for it

fatboy · #20 Post by **fatboy** » Tue Apr 17, 2012 6:37 pm

RESIST ! !
Sounds like they are on thin ice,from a legal and moral perspective.
I very much doubt they will follow this up, as you paid the parking fee, possess the ticket it cleary shows your intentions to comply blah blah,
after purchasing said ticket WTF would you willfully fail to display the bloody thing after parting with your golden coins ????
You could be pedantic enough to insist on seeing a valid opticians report indicating that the operative concerned meets the 20/20 standard
Im sure the last laugh will be yours !
, Hannahs Dad a Barrister? Kin have em

flatlander · #21 Post by **flatlander** » Tue Apr 17, 2012 8:50 pm

I believe that you could have them for malicious prosecution. Also you could see if hannahs dad could word something saying you have answered and any further communications they request will be billable so that you are effectively creating a new contract

HowardQ · #22 Post by **HowardQ** » Tue Apr 17, 2012 10:26 pm

The people who police the car parks have their brains removed and are not allowed to discuss things with anybody these just get your quota of tickets.
Our own people who look after the Council car parks are very strange people these days.
Some of them I have known for years, but if you say hello to them in a car park they sort of look straight through you, but if you see them in the office they are more likely to talk.
The miserable buggers have stickered me FIVE times in the last few months for failing to dispaly a car parking ticket.
I pay by internet the night before, so don't have a bloody ticket, and they can't seem to fathom their own RingGo web site.
I used to send them copies of my on line invoice and piss about sorting it out. Now I think WTF, just ignore it, let them take me to court and look bloody stupid.
Same goes for your situation I reckon.