Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all,firstly i just wanted to say a huge thanks for making me stop and think before i payed a recent parking charge that my husband recieved (well two charges!!). He knew he had overstayed the 90 minute limit at a local Aldi car park (in fact by 45 mins) but as he had not received a ticket on his car thought nothing more about it until we receieved a pcn through the post from Parking eye ...during this time he had used the car park again for 1 hour 55 mins!!...so we now have two PCNs to pay. As they dont use the word fine or offence i assume we cannot use any of that legal approach to dispute the charge...should we just ignore and sit tight??? sounds so easy to say but not feeling confident about doing it. £80 is alot to pay but i cannot help but think about how much it could snowball into!!Is there any chance that they could prove who was driving it?? I just feel the need to check that facial recognition imaging is not likely to be in use??? as i do often drive his car and understand that if they cannot prove who was driving and therefore who entered into the contract then they cannot hold him liable for the charge simply as the registered keeper (is that right??) Also, is it going to look worse having been issued with 2 PCNs??any advice, help and support greatly appreciated!!
read the stickies - private companies cannot impose fines.
just ignore them.
I understand this but my concern is that courts can...by ignoring the letters how sure can people be that the private companies will not refer iton to the courts?and if they do what are the chances of proving who was driving the vehicle and therefore who has entered into what seems to be a legally binding contract?
it is not a legally binding contract - its terms are unenforceable hence it is void. and there are other reasons why it isn't a contract
have you read the stickies ?
and no the civil court can not impose fines for these invoices.
try and find a single instance where a victim has completely ignored the rubbish paperwork from the PPC and it has ended in real court papers being issued. when you get fed up of looking post back here.
You're under the impression that a legally binding contract can be formed by a sign saying something like "If you park over 90 mins you agree to pay a charge of £80".
This is a penalty charge for alleged breach of contract. The law does not allow private companies to issue penalties for this. For the same reason, if you cancel your broadband early, you have to pay off the rest of the term ie. cover their losses for you breaching the contract. They can't charge you £50 for cancelling your contract early.
If the company REALLY wanted to take it to court, they'd have to:
1.) identify the name and address of the driver. Bringing the registered owner to court is pointless. Even with CCTV, how are they going to know who the driver was?
2.) Prove to the court a contract was formed ie. there was offer, consideration and acceptance. You'd have to prove their was very clear signage that must have been read by the driver. You'd also have to look at the exact wording of the contract.
3.) To get to stage 3, you'd have to show that the contract did not incorporate an unlawful penalty for its breach. All or some of a contract cannot be valid if it has unlawful clauses in it. Basically the PPC is screwed at this point: £80 is an unlawful penalty. They'd have to show the actual losses they had incurred by the contract being breached. If it's a pay and display, they might have lost £1 / £2 / £3. This is all they're entitled to. They can't go to court and claim something unlawful like an £80 charge! If that was the case, they coud put a sign up saying you agree to pay £1000 or £100,000!
Thanks both. you've been really helpful. Had read the stickies but as they were first written some time ago just wanted to check the info was up to date. Will ignore PCNs and go out tonight with the £££ i thought i was having to pay out. Bring on the drinks
the only thing the stickies may need to include addition more recent legislation that the PPCs fall foul of.. Check out The Consumer Protection From Unfair Trading Regulations 2008 No.
PART 2 - I reckon a lot of PPCs are fearful of the first prosecution against one of their number under these regulations.
So lets see if we can arrange one (or two or three) !
Up to date advice please
that my husband recieved (well two charges!!). He knew he had overstayed the 90 minute limit at a local Aldi car park (in fact by 45 mins) but as he had not received a ticket on his car thought nothing more about it until we receieved a pcn
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Originally Posted by lamma
Re: Up to date advice please
