Other services with unenforceable charges???

Oopsadaisy

dzug1 wrote: »

So it is in fact impossible to have a legally enforceable contract to park on private land however reasonable the charges?

In theory no it's not impossible [you can have an enforceable contract] but in practice yes it is effectively impossible [uneconomic to enforce].

So the answer sorta depends on whether you're talking theory or practicality.

trisontana

dzug1 wrote: »

Well say the charge is £3 for the first hour, £5 for the second and then increases with each hour. When does it become unfair and therefore a penalty rather than a fair charge for parking? Even a £3 fee might be more than the actual cost to them of you being there rather than not being there.

Once again there is confusion between the fee you pay to park and the "penalties" demanded by the PPC if you break their silly rules.

Oopsadaisy

In theory if you charged £60 per hour for parking, and the signs etc were clear and prominent etc then it might be worth enforcing.

It's only a 'penalty' if you try to claim more than your actual loss, so if you charge £3/hr for normal parking then your claim can only be for £3/hr in the claim, but £60/hr means you could have a case for £60/hr.

esmerobbo

dzug1 wrote: »

Well say the charge is £3 for the first hour, £5 for the second and then increases with each hour. When does it become unfair and therefore a penalty rather than a fair charge for parking? Even a £3 fee might be more than the actual cost to them of you being there rather than not being there.

It would need to be judged as unfair by a county court.

It cant be set in concrete as it depends on the service offered. If you had your garden done by a gardener and never paid him and you used a solicitor for something and never paid them.
They both done 3 hours work. A judge would probably limit the gardener to £10 per hour but the solicitor to £80 per hour.

A county court is a court of arbitration the Judge would have to decide if a claim was fair or unfair.

dzug1

trisontana wrote: »

Once again there is confusion between the fee you pay to park and the "penalties" demanded by the PPC if you break their silly rules.

No confusion whatsoever on my part - maybe on you misunderstanding what I'm trying to say. And maybe me expressing it badly.

It sounds like the PPCs have an easy way out then. Rewrite their T&C so that their 'penalty' is a car parking fee. Free for two hours, £50 an hour thereafter. And OK be lenient on short overstays and untidy parking.

Somehow I think it's not that simple or they'd be doing it already.

dzug1

esmerobbo wrote: »

It would need to be judged as unfair by a county court.

It cant be set in concrete as it depends on the service offered. If you had your garden done by a gardener and never paid him and you used a solicitor for something and never paid them.
They both done 3 hours work. A judge would probably limit the gardener to £10 per hour but the solicitor to £80 per hour.

A county court is a court of arbitration the Judge would have to decide if a claim was fair or unfair.

Well yes I know it can't be set in concrete, but there doesn't seem to be any guideline as to what's reasonable for parking.

Still a dirt cheap way of getting a gardener/solicitor - rates round here are at least 50% more than that:)

esmerobbo

It seems the only guidelines they could use is like for like, charge whatever other car parks/on street parking are charging.

£10/£80 is the cheaper end.:) but the county court allow you £9ph for work done on a case!:o

Ezmondino

Haven't read the whole thread, but I was wondering myself the other day about missed dentist's appointment "fines"? I wondered then whether they can "fine" you. Surely if it's private (or NHS?) they can't?

Whatdoiknow

esmerobbo wrote: »

Was one of them "OFF".:D

The problem with them chappies is they normally make the screen worse.
We had one local here who had to be ASBO'd because he got run over twice!:D

Shame it needed more than one.

The words "off you" were the middle words of my response to the "windscreen cleaner", words one and four made by boys ears !!!!! up.:eek:

trisontana

Ezmondino wrote: »

Haven't read the whole thread, but I was wondering myself the other day about missed dentist's appointment "fines"? I wondered then whether they can "fine" you. Surely if it's private (or NHS?) they can't?

There might be some small print you signed up to when you joined the practice allowing them to levy these charges. They would be justified in most cases. A missed appointment could actually cause them some loss of income, and I bet they don't "fine" something like £90 to cover that loss.