Honest John - Telegraph paper

king100 · 20 September 2010 at 1:51PM

My emails with john

John

Just as I could place a sign in my car stating that should you affix, stick, place any ticket to car then you are forming a contract with myself as registered keeper of the car. Therefore I will be invoicing you (fining) a sum that represents my hourly cost (I bill by the hour) to remove said ticket from my car. My hourly cost is £100 per hour. Time take to remove ticker 3 secs. Fine £100.

John, there is no contract and if there was noone has been taken to court thus they are not legally enforceable. Its that simple.

You are still not getting the point.

If you park in a supermarket carpark then buy something from the supermarket, the consideration for the contract exists in the price you paid.

HJ

Hi John
Could I point you towards this
The Watchdog advice from parking legal expert Tim Cary to make such bogus tickets into a paper aeroplane was the correct advice:

http://www.youtube.com/watch?v=XAIcdi9niHA

May I ask if these contracts were inforceable then why haven't any been to court. Reason is they have no idea who was driving the car to issue under trespass, you as registered keeper unlike with traffic warden and police tickets are under no obligation to state who the driver was.

So who would you issue the summons to.

Also a contract has to be fair (e.g. not containing a penalty clause...) and has to involve a consideration.

Many thanks, but the problem many people do not understand is whether or not a contract exists.

If the rules of the carpark are clearly notified then a contract does exist and my solution is the best way out. Even if you may no money you accept the owner's conditions for entering and parking on his land.
If you have paid anything at all to the owner of the carpark either by paying via a machine or by buying goods (from a supermarket) or a meal (from a restaurant) then a contract exists and my solution is the best way out.

If the rules of the carpark are not clearly displayed then there can be no contract, but you may have committed a trespass.

Whatever, the parking enforcers cannot send bailiffs round if they do not have a court order, and for them to get one you would have to ignore a summons to a court.

HJ

Dear John

Having seen a post on a website that I frequent in regards to Private Parking Tickets. I can only offer you some advice.

Please can you not use the term fine as per section 15.4 of the BPA

Code of conduct.

You must not use terms which imply that you are acting under statutory authority; this will include terms such as 'fine', 'penalty' or 'penalty charge notice'
These are purely invoices and by paying them £10 you are in affect admitting to guilt and if I was a private parking company every person that paid me £10 would find themselves in court, using the £10 as an admission of guilt. Should you wish to continue advising your readers this advice can I suggest you tell that they should send a letter stating that this is not a admission of guilt just a gesture of goodwill such as the banks are doing.
Should a reader receive a letter stating that they have been issued with a fine penalty or penalty charge notice they then should complain to the BPA as it breaches their code of conduct and can be thrown out of it. The more people that complain to the BPA the better.

Please can you also advise your readers
B11.2 All charges advertised on signs and literature must include VAT if appropriate. They must also say what any extra charges are for paying by credit or debit card.
Note 1: If a vehicle is first issued with a parking ticket, then Immobilised and then removed, you may charge:
* the parking charge, and either:
a the release fee following immobilisation, or b the removal fee plus
any storage charges.
Note 2: You must wait at least two hours before fixing an
Immobilisation device to a vehicle that has already been issued with a parking ticket. These vehicles may be removed immediately, however, if they are causing an obstruction, are a danger to the public or are recorded as 'persistent evader vehicles'.
Should they ever get clamped. It cannot be within 2 hours of the receiving a parking ticket. As per BPA guidelines.

Jeff_Bridges_hair · 20 September 2010 at 1:59PM

He just doesnt get it does he.

king100 · 20 September 2010 at 2:02PM

Jeff_Bridges_hair wrote: »

He just doesnt get it does he.

Just had a reply

What are your legal qualifications?
Did you ever study the Law of Contract?

king100 · 20 September 2010 at 2:05PM

My reply

John

I will let you into if I am qualified.

It’s the same answer as

Have any members of the public, that have had private parking tickets, ever been taken to court and lost so that there is a precedent in law

Jeff_Bridges_hair · 20 September 2010 at 2:27PM

king100 wrote: »

Just had a reply

What are your legal qualifications?
Did you ever study the Law of Contract?

You dont even need to know the law of contract to know the penalty is unfair. And so iis putting them in little pouches making them look like you got one from the cops

lucylucky · 20 September 2010 at 3:10PM

HJ is clearly dispensing some ill informed "advice".

"If you have paid anything at all to the owner of the carpark either by paying via a machine or by buying goods (from a supermarket) or a meal (from a restaurant) then a contract exists and my solution is the best way out."

This is clearly rubbish and I don't know why he bothered posting it.

If I take a person to a supermarket to buy something but I do not enter the supermarket, what contract exists and between who?

If I go to a supermarket to buy something and it is not available then what contract exists?

"If the rules of the carpark are not clearly displayed then there can be no contract, but you may have committed a trespass."

As there is no law of trespass in Scotland then that can be ignored (does he know the Telegraph can be purchased outwith England?)

If you park in a supermarket carpark then buy something from the supermarket, the consideration for the contract exists in the price you paid.

If I walk to a supermarket which has a large car park can I expect a discount on my goods for not using their car park as no contract exists between me and said supermarket?