Parking Eye - photographic evidence of the driver

[JonCris]

Fair enough.

 

Considering Smith and Hogan was rated an "excellent piece of work which elucidates the criminal law for judges..." by The Hon Mr Justice Pitchford, who has been a High Court judge for 10 years, I'd say that it's fairly authoritative.

 

The High Court has made several rulings that concern a failure to pay for a service, further to this - the statute says that failure to pay for a service is an offence.

Not if the liability for that 'service' is in question its not Simply refusing to pay whilst not failing to provide your address (ie reg) is not a criminal offence its a contractual dispute

[JonCris]

AND the High Court did not rule is was a criminal offence they ruled it was & is a breach of contract

[Bernie_the_Bolt]

Not if the liability for that 'service' is in question its not Simply refusing to pay whilst not failing to provide your address (ie reg) is not a criminal offence its a contractual dispute

 

Ah, but the reg no is not and does not provide a key to the contact details of the driver but only the registered keeper who is under no obligation to provide the contact details of the driver.

[Bernie_the_Bolt]

Not if the liability for that 'service' is in question its not Simply refusing to pay whilst not failing to provide your address (ie reg) is not a criminal offence its a contractual dispute

 

Ah, but the reg no is not and does not provide a key to the contact details of the driver but only the registered keeper who is under no obligation to provide the contact details of the driver.

[mightymouse_69]

AND the High Court did not rule is was a criminal offence they ruled it was & is a breach of contract

 

What case was this!?

 

As Bernie said, a reg number does not always provide a means of contacting someone. Even if the identity of the defendant is known to the victim, there can still be liability under section 3.

[Al27]

If you can't identify the person you agreed a contract with, you are on a hiding to nothing.

 

If you want to be paid for a service, construct an enforceable contract. If you can't be arsed with that and want to attempt to cash in on 'easy money' you deserve to come across every hurdle the law has put in place.

[mashk]

Just got a threatening letter from these Parking Eye jokers, pay £40 within 14 days or else you'll pay £70 or go to court etc.

 

I overstayed in a FREE 90 minute carpark for 11 minutes. Missus is a bit worried, but after reading the various threads on this forum, I'm going to ignore it.

[crem]

Spot on Mashk

[mashk]

Cheers fellas. You guys have saved me some cash and given me some peace of mind.

[mightymouse_69]

If you can't identify the person you agreed a contract with, you are on a hiding to nothing.

 

If you want to be paid for a service, construct an enforceable contract. If you can't be arsed with that and want to attempt to cash in on 'easy money' you deserve to come across every hurdle the law has put in place.

 

The discussion with Jon was not about enforcing a contract though.

 

It was about possible criminal liability arising where someone enters a car park and does not pay (an attendant for example) the requisite fee.

[stjuninho]

I got a second letter (with "evidence") and their invoice isn't even due yet!!! Only been 10 days or so. They're keen!!!

 

The "evidence" shows a grainy image... which might be a car... entering somewhere... and leaving somewhere... apparantly later the same day... *snigger*