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We do not agree to any parking contracts? In tax holder?

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  • We do not agree to any parking contracts? In tax holder?

    In my old tax disc holder I put a notice:
    Does this help? Is there a better wording?
    Parking We do not agree to any parking contracts. Any tickets shown are to avoid conflict and do not imply agreement to terms. Clamping or towing will be treated as theft. You agree that any clamps will be removed.

    The idea is to make it very clear in advance that we do not agree a contract with private parking enforcement, especially parking fines, even though we display a ticket.

    PARKING
    We do not agree to any
    parking contracts. Any
    tickets shown are to avoid
    conflict and do not imply
    agreement to terms. Clamping
    or towing will be treated as
    theft. You agree that any
    clamps will be
    removed.


    Tags: None

  • #2
    Re: We do not agree to any parking contracts? In tax holder?

    Think the contract may be formed when you enter an area covered with their signs

    Just as you enter a contract when you travel on a train without a ticket .

    Great idea hope someone can clarify the legality of it

    Comment


    • #3
      Re: We do not agree to any parking contracts? In tax holder?

      I've never heard of something like that making a difference ... isn't it kind of like putting a "withdrawal of access rights" letter up in the hopes of stopping a bailiff? :tinysmile_hmm_t2:
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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      Comment


      • #4
        Re: We do not agree to any parking contracts? In tax holder?

        The issue then, of course, is how are you placing the other party on notice if they use solely ANPR systems?

        Comment


        • #5
          Re: We do not agree to any parking contracts? In tax holder?

          I have been invited onto the parking area, so its not trespass.
          I definitely do not agree to pay the £90 fine should I accidentally fall foul of some condition. So I am not agreeing to their contract.

          Comment


          • #6
            Re: We do not agree to any parking contracts? In tax holder?

            Your invitation is, in their eyes, subject to terms. If you seek to vary the terms of that "contract", you need their acceptance.

            Comment


            • #7
              Re: We do not agree to any parking contracts? In tax holder?

              Have you been given a parking ticket? It's easy to appeal them
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: We do not agree to any parking contracts? In tax holder?

                I agree with everything said by my learned friends above.

                I have heard some individuals state that it deters some parking enforcement officers. But from a legal standpoint I am fairly certain you would not have a leg to stand on - if you are trying to get the benefit of parking on private / public land, you have to follow the rules set by the landowner.

                Comment


                • #9
                  Re: We do not agree to any parking contracts? In tax holder?

                  Interesting idea.
                  Perhaps an alternative would be to write (signed for naturally) to the parking company telling that you don't accept their terms if you should ever park in one of "their" car parks.
                  If you regularly use a particular car park it might give another layer of defence, and certainly be interesting to follow such a case.

                  If you reject the "contract" but still enter the land, aren't you just a trespasser?

                  Comment


                  • #10
                    Re: We do not agree to any parking contracts? In tax holder?

                    Wonder what the reply would be from the CO=ompany to a letter or email stating this?

                    Comment


                    • #11
                      Re: We do not agree to any parking contracts? In tax holder?

                      Originally posted by des8 View Post
                      If you reject the "contract" but still enter the land, aren't you just a trespasser?
                      I would think so - as you would not have the implied rights of entry.

                      Comment


                      • #12
                        Re: We do not agree to any parking contracts? In tax holder?

                        An offer communicated by sign and accepted by performance isn't capable of a counter offer. However, if the sign ever gives you a reply let us know what it says.

                        M1

                        Comment


                        • #13
                          Re: We do not agree to any parking contracts? In tax holder?

                          Found this comment on pepipoo on a similar thread:

                          It's simple - if a landowner (or someone they authorise) makes you an offer to use their land subject to terms that have been communicated to you in a fashion you would reasonably be expected to be aware of them, and you use their land, you accepted their offer. If you don't accept those terms move on.


                          The courts care more about what you do than what you say. If you say to the PPC "I reject your offer" but still park the court will find as fact that you accepted the offer, because you parked. If you don't believe me feel free to risk a CCJ.

                          If you try your idea H3XX keep us informed when the case goes to court!!

                          Comment


                          • #14
                            Re: We do not agree to any parking contracts? In tax holder?

                            Originally posted by mystery1 View Post
                            An offer communicated by sign and accepted by performance isn't capable of a counter offer. However, if the sign ever gives you a reply let us know what it says.

                            M1
                            Please can you explain further? Are penalty clauses such as "fines" and clamping/towing allowed?

                            Can I put a sign in my car with an offer, which they accept if they give me a penalty notice?
                            For example they agree to pay me £1000 and cancel any "fines". This can be accepted by sending/giving/placing on my car a penalty notice?
                            If not, how can I frame a sign which would work?


                            So I accept the basic terms, but amend the penalty clause terms, which they can agree to by sending me a penalty notice.

                            Of course they could reject my offer verbally or in writing. I would just leave their land at the earliest opportunity.

                            When I park I do agree to the basic terms, but sometimes I forget to get a ticket (getting older) or run late. I do not agree to their (unfair) penalty terms.
                            Last edited by H3XX; 2nd June 2015, 09:58:AM.

                            Comment


                            • #15
                              Re: We do not agree to any parking contracts? In tax holder?

                              I once walked into the Income tax office in Woking and said I resigned from their club they still sent bills over the years after

                              Comment

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