Parking Charge Notice - Please Criticise this!

I'm writing an article for a local newspaper, and need the sign below ripping to pieces legally in terms of contract if possible please. If in doubt in your comments, please say so in your post. I don't want to be sued!CLICK LINK NOT IMAGE!


http://my.picresize.com/V0DVM9K6Z1/GE0LLJR52GJ9RY60ZPU2

[labman]

Re: Parking Charge Notice - Please Criticise this!

Above link should now work - click link not photo!

[Galahad]

Re: Parking Charge Notice - Please Criticise this!

Doesn't work for me either, have you tried using Photobucket? Thats free and can have links

[Celestine]

Re: Parking Charge Notice - Please Criticise this!

How do you mean 'in terms of contract'?

Is this a pay and display car park? No mention of payment, just that you must park in a marked bay.

[labman]

Re: Parking Charge Notice - Please Criticise this!

Sorry! OK it is a free car park - no charge for parking whatsoever, no time restriction on normal parking spaces.

As enforcement for Parking Charge Notices would be via the County Court reliant solely on Contract Law, that's what I mean by 'in terms of contract.' Parking Charge Notices are also driver dependant, NOT registered keeper dependant as 'proper' Parking Fines are. They are speculative invoices, only enforceable if things stand up in court. To date, I believe none have. Of course many, probably most, pay immediately, not realising it is an invoice that doesn't have to be paid until proven in court and thus making UKCPS a very tasty amount of money.

[Hurricane Puffrose]

Re: Parking Charge Notice - Please Criticise this!

sounds fair to me Labman, may I make a little suggestion however?

May I suggest that you change naming the company to
"Making the aforementioned company, and its counterparts...." That way they cannot say you are badmouthing them, you can say it was focused on the industry in general.. I might be wrong its just a suggestion.

P

[labman]

Re: Parking Charge Notice - Please Criticise this!

Hi Puff,

That is a photo of their sign for which they are charging £60 or £100 for breach of contract. Does that constitute an enforceable contract under Contract Law?

It's their wording so I can't change it, and I do't mind if they think I'm bad mouthing them particularly, I'm entitled to my opinion of what they're doing. Anyway they can have all my money - they might get a bag of sweeties with it! lol

[Bill-K]

Re: Parking Charge Notice - Please Criticise this!

The notice seems to state that, if one parks in contravention of any of the top 4 listed conditions, then one is deemed to have entered into a contract with UKCPS to pay the charges mentioned.

However, those 4 conditions are listed BELOW the boxed block capitals header "CONTRACTUAL AGREEMENT."

To my addled brain that brings those 4 conditions "within the four corners" of the agreement, and they are therefore as much a part of the T&C's of that agreement as the charges and charging methods listed below them.

If that is the case, then the notice is effectively stating that "You will be deemed to have entered into this agreement by breaking any of the terms of it." Putting it another way, "You will be deemed to have entered into this agreement if you do not acknowledge - or are unaware of - its existence."

That is a Catch 22, and surely cannot be legally enforceable ?

[Hurricane Puffrose]

Re: Parking Charge Notice - Please Criticise this!

heeheehe..

i would think if there was no money charged they cannot enforce a cost, i find it hard to explain things, im slightly dyslexic so bear with me,

its like if you parked your car on my drive and I said Ok labman you can leave it there for a week and its free.. i cant suddenly put a ticket on your windowscreen and say You owe me £50.
The is no written contract, and no money has changed hands, so you parking in the wrong place is not leaving them out of pocket, to my mind its unenforcable as its like a word of mouth contract..

apologies if that made no sense what so ever.

[labman]

Re: Parking Charge Notice - Please Criticise this!

Thanks Bill - my link isn't working again now, so will have to go back to my original on my computer.

Puff - part of this is about consequential loss. As there are no charges for parking, it is hard for me to see how anyone can suffer a loss. I think tht's what you're saying in which case it's spot on to my mind.

[Hurricane Puffrose]

Re: Parking Charge Notice - Please Criticise this!

exactly, thats what i was trying to say and made a COMPLETE pigs breakfast of

I'm pretty sure they cant sue you for using their photo, as you say they had it made and its in public sight everyday, the only way they can really have a leg to stand on that way is if you were to say "They are a bunch of cowboys who need a bloody good kick up the backside.. dont pay them they are on shakier ground than Los Angles "

Now i know you WANT to say that, but tread carefully, if you were to put "The industry as a whole is flawed and are a bunch of cowboys who need a bloody good kick up the backsides... From what I read on their signs, and others of a similar ilk, I would advise people not to pay them, they are on shakier ground than Los Angles and to my mind its a get rich quick scheme" you arent pointing the finger at an individual..

well thats as clear as mud, but I hope you get my drift.