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 received my first parking ticket a few weeks ago, and while I have appealed my ticket due to the circumstances, I have taken the time to do a little research online.
A lot has been published recently about people claiming back their bank charges, and looking into the laws behind it I am wondering whether it would apply to a parking ticket? After all, how is a £30 fine for being 15 minutes late back to your vehicle proportionate when it costs 60p to park for 35 minutes?
To quote another website's description of the laws behind bank charges:
The core rule is if there’s a breach of contact under English or Scottish law, any charge should not exceed the cost of the breach. In other words, banks can only impose charges which are in proportion to their costs.
...a contract must be written within the law, and they can’t enforce a contract with legally unfair terms. Ultimately if it isn't proportionate then it's unlawful, and thus you've a right to your money back.
Also, if the company issuing the ticket does not stick to their own guide lines does it make the ticket invalid? I appealed the ticket over 3 weeks ago, but only got a reply letter (denying the appeal) today. Their website quotes:
All challenges/representations will be investigated and formally responded to by letter within 10 working days of receipt.
Much depends on whether it is a charge levied by a private company under a decriminalised parking scheme - contract law, charge must be reasonable and only to reflect damages caused by a breach of the agreement between driver and landowner when parking, or whether a parking fine levied by Traffic Wardens or Police under the Road Traffic Act.
If it is along the lines of other tickets offered by this company then the answer would probably be "not unless you particularly want to" but much will depend on how far you are prepared to push and how many threatening letters you want to put up with. In all probability, if you refuse to pay it, then you will receive more demands and threats of debt collectors and bailiffs, for they will do this to bully you into paying, but as I am sure that you will learn, if you do not believe that you have entered into any contract with them to pay a ridiculous amount of money for not complying with the parking 'regulations' then there are firm legal grounds why you should not have to.
You are however in good company and will gain a lot of valuable knowledge from reading around the forum
That should give you enough reading for a few hours, although very quickly you will be able to make a case for why your own ticket might be making an unlawful demand for money.
What were the circumstances and what exactly is on the parking charge Notice?
Parking tickets: Are they legal?
a few weeks ago, and while I have appealed my ticket due to the circumstances, I have taken the time to do a little research online.
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Originally Posted by Butterflycollecter
