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ManxRed

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Everything posted by ManxRed

  1. You could have simply told them on any phone call that the debt is denied, and any further calls will be treated as harassment and they would have had to stop calling. Any further calls could have been reported to the CSA.You legally owed them nothing whatsoever. In fact, I'm willing to bet that the lease on the property is such that Minster Baywatch have no legal jursidiction to operate a parking scheme on the spaces themselves, and can only legally patrol the communal areas.But you know what they say about fools and their money...
  2. PCN = Penalty Charge Notice issued by a local council under decriminalised parking and under actual legislation (usually the Road Traffic Act or similar). A PARKING Charge Notice is a speculative invoice for breach of contract under civil law (and therefore completely unenforceable) but is suspiciously designed to look like a proper PCN (I mean, it has the same initials and everything!!), in a cynical attempt to fool you into paying money you do not owe them. As Coniff says, its your choice. Don't pay it though, for God's sake!
  3. Don't do #3!! Its not necessarily the shop that hired them. It could be a management agency, or development company responsible for the car park. Besides you'd be out of pocket for the ticket then out of pocket for court fees, hoping you might win. You might not. Ignore is genuinely the best policy here.
  4. In the dictionary, under the word 'naive' it ought to have this quote.
  5. Bailiffs or Debt Collectors? There's a difference. To get bailiffs involved they'd need to actually take you to court (and presumably you'd have to know about that!), they still win, and then you refuse to pay up within 28 days. AT THAT POINT ONLY can they get a warrant and appoint a bailiff. A debt collector is a member of the public who has the power to politely ask you for the money and that is that.
  6. Don't confuse bailiffs with Debt Collectors. Debt collectors are powerless and can simply ask politely for the money. On receiving a 'no' response that's it. Bailiffs can only get involved if you get taken to court, lose, and then still refuse to pay up. You've more chance of winning the lottery.
  7. Technically they would be construed as liquidated damages, so under contract law, one party would have legal recourse to sue you for those elements of their losses. Semantics, really. The point I am makng is that if they came after you for 25p or whatever then fair enough, but as they invariably choose to come after people for upwards of £100 then they should indeed be completely ignored. On that we agree I suspect!
  8. I see you've decided to invent a ridiculous contract term to try and prove that you are right, despite my example being hypothetical and based on a car park charging £1 per hour full stop. However the ridiculous contract term you've described would be deemed an unfair contract term, and clearly it is acting as a punitive deterrent to parking, and wouldn't last ten minutes in a court of law, and we both know it. Well, I do anyway. You don't appear to know very much about contract law.
  9. What on earth are you on about now? What have tenancy agreements got to do with service contracts? I assume by 'rules' you mean terms and conditions, but under contract law, you are restricted to what you can and cannot impose as fair terms and conditions. And of course one party's redress should the other party breach those terms. These are limited to actual losses only (liquidated damages), and NOT some arbitrary sum dreamt up by one of the parties, which would be deemed to be punitive and there solely to deter any breach. So, £120 for example. That would NOT be considered a fair condit
  10. Provided its operated within the boundaries of proper contract law, then why not? And I think you'll find most people on here would agree with that. What we disagree with is when a Private Parking Company, engaged by the person who owns the right to operate the scheme, then step outside of normal contract law in order to extract money which they are not legally entitled to from innocent motorists who are duped into believing they have broken some kind of law, when in actuality they haven't. So, if I park in a car park which is £1 an hour, and I buy a £1 ticket but I end up staying 15 mins
  11. What are you on about? I use the term land occupier purely because they may be different to the land owner - I've referring specifically to the shops and/or the people who hire the parking company - they are the ones with the right to operate a parking scheme. No one's having a go at landowners. Tenants? What on earth are you on about? We're talking about a contract for services, not a rental agreement. You're having a nightmare. I'd give up if I were you.
  12. dave2011, you legally owe them the charges for the overstay. Nothing more (except as some have said some minor expenses they may have incurred in tracking you down and writing to you). Photos are meaningless, what do they prove?? Please don't pay them!!
  13. Thinker123 is having a nightmare here. Especially with the hotel analogy. Contracts cover payment for services. If I stay at a hotel, use those services and don't pay then the hotel has a perfectly legitimate claim for breach of contract for the costs of those services. All perfectly correct under contract law. What they can't do is add on any arbitrary charges to deter me from breaching that contract. Such as £120 or £60 if paid within 14 days. That is nothing to do with their liquidated damages or costs of the services I didn't pay for. This is unenforceable under contract law. You
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