Is Paying The Discounted Rate Illegal?

[Zamzara]

The latest update.

 

The council has obviously not had much joy with the TEC as they have now put the case back to PATAS.

 

I believe the reason why they could get no joy out of the TEC is because of contract law I mentioned previously - Their system OFFERED a payment amount, I CONSIDERED and paid and their system ACCEPTED.

 

I've no doubt PATAS and the council are trying to find a way around this but seeing that contract law is a maxim, I'm interested to see what they come up with.

 

I'll update you on further events.

 

My opinion of this is that the case of High Trees House v Central London Property Trust might give rise to an argument that by offering to take a lower amount the council cannot then cause you a loss by increasing the charge after you paid what they said was owed.

 

However I doubt you will get away with avoiding the full rate PCN altogether: Pinnel's Case, Foakes v Beer.

[Bernie_the_Bolt]

You've done well to get this far.

 

If I were you I would research the doctrine of Estoppel and forget contract law. Contract law does not apply here. This is a civil penalty and civil penalties are not allowed in contracts for one!

[Marincor]

To Bernie and Zamara:

 

Yes, I'm well aware of the estoppel factor and both the cases you refer to.

 

(For those that don't know what we are talking about here's an informative link: Estoppel - Wikipedia, the free encyclopedia)

 

However, Bernie it is exactly your point about civil penalties are not allowed in contracts that gives me power because ALL local authorities are registered as limited companies. (So much for public accountability!).

 

Therefore I have to give my consent to contract with them and in as much as by supplying joinder - my Mr. name and address - I have done so, I can also withdraw my contractual consent if I believe they are acting unlawful - that's unlawful not illegal!

 

For them to push this knowing that I intend to be tenacious, they will be messing with the very foundation of contract law.

[Bernie_the_Bolt]

Cannot wait to see how this one pans out . . .

[Marincor]

Still no word....

[dragonkeeper]

 

Still no word....

 

Could be two letters Marinor

 

 

 

 

dk

[Marincor]

Still no word. I think we can count that as a success!

 

Therefore any council that has a payment system that allows you to determine the amount to be paid is fair game. In fact, I see no reason why someone couldn't just pay £10. The law and the result will still be the same; and let's face it:

 

£60 fine for a 10-second/3-minute infringement of a rule that did not and does not have a financial penalty attached to it in law? And because they say "it's the law" it's considered fair and just???!

 

I don't think so.

[benn133]

a very interesting post and Marincor you have certainly got balls of steel, i love a fight but i wouldnt have had the guts to fight this one.

[Marincor]

Benn133, ALL of the corporatocracy (Central & Local Government, the Judiciary, the Police, the large corporations) impose their financial penalties on us by using the tool of FEAR twice: the fear we have that they have the power to do what they want and the fear that they can take something valuable from us which is money.

 

Lose the fear, gain some anger and you will be surprised at how differently you approach the corporatocracy both mentally and practically.