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is it legal?

2

Comments

  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    edited 2 December 2010 at 8:28AM
    The basis for any claim would be the care taken in doing whatever they do. If the letter box falls off as the post man puts a letter in then that would not be a problem. If however he was having a bad day and the letter or parcel was a bit tight and he lost it and ripped your letter box off I am sure he would be liable. These signs in car parks usually saying the owners except no liability for damage whilst using the car park. This I would assume give them an out if say a little chav decided to key your car, or rip your mirror off. I do not think they could use that clause if say a lamp post in that car park fell and hit your car, or a cleaning or maintenance vehicle hit your car.

    Getting to Taffy's point I believe anybody who interferes with your vehicle would have to show reasonable care. We have seen in the past were vehicles have been removed and damaged have been compensated. The tow company are authorized to remove it, but must use reasonable care.

    Given that to place a ticket under a wiper should not in any way damage a wiper. So whoever put it there could not have been using reasonable care.

    Two examples I can use, a local hospital used to stick a A4 sign on your car windscreen right in front of the driver.If you parked anywhere other then where you should. I don't know what they used to stick it but I believe they were murder to remove. Anyway someone damaged their screen and sued the hospital, won and many followed. The hospital soon ceased.

    The other remember the snow last year people were told not to clear the snow off their property, because if they did but did not do it properly and someone fell and injured themselves they could be sued. The case being that if it wasn't done correctly you did not show due care.

    So I do believe technically Taffy would have a civil case if he could prove they never showed due care whilst interfering with his property. In the case of a wiper it would not be worth the bother, but I once had a BMW850 and if you lifted the wiper in the parked position you chipped the paint off the rear lip of the bonnet. Now if some car park attendant done that to my pride and joy you bet your backside I would claim.
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Coupon-mad wrote: »
    HTH - and if Stigy tries to convince anyone that a PPC bogus ticket is enforceable, it isn't.
    Don't bring this up again.

    If anybody suceeds at court with this one let me know (sticking a ticket on a winscreen and suing). It really is laughable.
    Taffy wrote:
    You misunderstand me, for example you park your property (car) in a car park, if someone places a ticket on the window without your permission, can you sue them in theory. ?
    Really?
    Taffy wrote:
    Anyway is it legal for someone to place a ticket on your vehicle without permission, or clamp you I suppose? could you for example sue a PPC/Clamper or Council for tresspass (or something similar) on your property.
    For trespassing on your car? It's not illegal, otherwise they wouldn't do it. People can play the "scam" card all they want, but on the whole PPCs act within the law with the exception of the odd dodgy clamper.
  • Stigy wrote: »
    but on the whole PPCs act within the law with the exception of the odd dodgy clamper.

    what law? if they had the law on their side this part of the forum wouldnt be here.
    Fares Advisor & Oyster Specialist - Newdeal/ukRail Fares Workshop Accredited
  • Coupon-mad
    Coupon-mad Posts: 161,466 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 December 2010 at 12:11PM
    On the whole PPCs do not act within the law (the Protection from Harassment Act) when it comes to the threatograms they get their pet debt collectors to send out.

    Almost every one of the 'final demand' type debt collector letters shown in our top thread would be open to suing the PPC (not suing the debt collector, they need reporting to the OfT). Certainly the letters from Roxburghe aka Graham White, Debt Recovery Plus, Phillips and Newlyn make unfounded threats, some even saying they can come round and remove goods!

    Also the phone calls these firms make, in terms of the amount and timing of them, amount to harassment especially when 99% of the time they are targeting the registered keeper.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I think our friend refers to Perky Law in which the victims of scammers are 'offenders' who can be 'fined'. In the real world, private companies cannot levy penalties.
    Still waiting for Parking Eye to send the court summons! Make my day!
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    what law? if they had the law on their side this part of the forum wouldnt be here.
    If what they were doing was illegal, they'd not be operating now.
  • Stigy wrote: »
    If what they were doing was illegal, they'd not be operating now.

    How about LBS? Illegal but BIB ignore.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    How about LBS? Illegal but BIB ignore.
    LBS? BIB? Sorry, it's probably frighteningly obvious, but I'm confused.
  • How about LBS? Illegal but BIB ignore.

    DAMHIK LBS IIRC IANAL BTW have around 15 CCJ but IMO BIB ACGAF

    BTW peter PEEP DIS stigy TSTOAC WEG
    Fares Advisor & Oyster Specialist - Newdeal/ukRail Fares Workshop Accredited
  • Probably................
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
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