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.
i have just recieved a notice from Town and City parking in an Asda car park... from what I have read I should just ignore any correspondance but keep it all... as they do not have any legality to stand on... why is this?
Companies cannot issue fines, or claim for more than their actual losses. Your actions in a free car park have cost them nothing - so they have no reason for claiming you owe them £80 (or whatever).
They will claim that their terms and conditions state "if you do x, you agree to pay £80" but all you have done is breached any alleged contract (if such a contract was formed in the first place). But you have not caused them any damages by breaching any contract, and certainly not £80.
But by their reasoning, they could say "if you do x, you agree to pay £10,000". Of course, nobody would fall for this, but the public think that £80 is somehow different, even though the principle is the same. Remember it's a [problem] which only works if a percentage of victims pay in.
Another nail in the coffin is that they have no idea who was driving (they can only get keepers' details).
Asda's signs also call them 'civil penalty notices'. No such thing exists in law and there are a couple of laws this would breach e.g. 2006 Fraud Act, 2008 Consumer Protection from Unfair Consumer Regulations.
No doubt their junkmail will breach these acts in numerous ways.
In theory the charge could be enforceable in certain circumstances. These are seen very rarely and would rely on perfect paperwork and the parking company not making much money at all.
There's no money in sticking to the law, which is why it's a [problem].
private charge notice
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