Supermarket Car Parking Ticket

Nicki wrote: »

a) a "fine" can't be issued by a private company, only by a public authority (e.g. the council or police). Yes but a payment can be levvied by anyone for services rendered. I'm not aware of any law which says you can't refer to this payment as a "fine", though I agree the word is also used in the criminal justice system.

It's the fact that you (being a lawyer) chose to describe it as a fine that surprises me.

(By the way - imitating official documents by using words like "fine" is a statutory offence. Fraud Act 2006. So wrong again there, I'm afraid.)

Nicki wrote: »

b) a penalty clause where the financial recovery to the innocent party would exceed any accurate pre-estimate of loss is void in its entirety and completely unenforceable. But is it a penalty clause, or simply a payment for services rendered?

It was you who chose to describe it as a penalty clause and said that such a clause was a fair one, and again this amazes me coming from a lawyer.

Nicki wrote: »

Furthermore, (as Squiffy said above) they have no way of knowing who the driver was, so they don't even know who the other party is in this so-called "contract". And your point is? They leave a note on the car, requesting the driver to pay. It's not like they are serving a writ where you do need to know the name. When I go to any other commercial place and they provide a service for payment, they don't usually ask my name. Whether they can legally take any further action if you don't pay up voluntarily is a completely different question, as they may face practical problems in working out who was driving.

My point is that it's unenforceable, a folly, and should be thrown in the bin.

You originally implied that anyone in this situation was bang to rights (completely incorrect on many levels) although I note your stance has now softened and you've done a fair bit of backpedalling since your original post.

Nicki wrote: »

I'd love to know which university you got your legal qualifications from! Cambridge actually and have been working in the City as a lawyer for many years, albeit not advising in relation to anything quite so petty.

You've got a qualification in law from Cambridge University but you got so many fundamental things so badly wrong? Quite remarkable.

You might think basic areas of law, like unfair/unenforceable terms in contracts, are "petty" but universities don't share that view, and I'm sure the Law Society doesn't either.

Nicki wrote: »

And you, may I ask?

Obviously a better university than Cambridge, if we're to believe they hand out law degrees without testing your basic foundation-level understanding of contract law!

Nicki wrote: »

Or did you get yours from the university of what other people say on the internet must be right?[/[/COLOR]quote]

Are you suggesting any of my information is wrong? If so, exactly which parts are wrong?

reginald wrote: »

Squiffy is right. It is not a parking fine it is an invoice charging for parking which is a civil matter. They have your car reg so unless they photographed you they can't prove who parked the car. There is no legal requirement for the registered keeper of the car to disclose who was driving. So who do they take to court to summons. Ignore it or tell them you weren't and you are not prepared to comment any further.

http://neilherron.blogspot.com/

Browse the above you will find it enlightening.

Couldn't agree more! Neil Herron is the man to contact if it's at all necessary after following the above link. When you win, you can always donate a little something to his favourite charity 'The Grace House Hospice' appeal. He helped me personally and that's what I did. The bloke is a hero! :T:T:T