Town and City Parking yet again...

thetriggerhappypwner

Sorry I have not been on for a few days, been a little busy recently with a lot to do. Anyway, I have downloaded the photo of my vehicle from my Nokia N8 and uploaded it to photobucket for viewing here. The photo (taken on the day I allegedly got the so called ticket/fine), clearly shows that my vehicle was not parked in a disabled bay, and thus makes the fine not only illegal but also invalid. I took the photo because I had a hunch that something was going to happen and boy, am I glad I did! On a side note, I just contacted the goons and told them to leave me alone or face legal action in my local County Courts for harassment, of course withholding my number from them so they cant then harass me on the phone, and surprise surprise, they hung up the phone...

peter_the_piper

I am convinced the less reputable (thats all of them really) just take a blind punt at ticketing knowing that we are a law abiding country and most will assume they are wrong and just pay up.

trisontana

On the subject and T&C Parking, I noticed today that they are still using the illegal wording "penalty charge" on their signs in the ASDA store in Grantham.

thetriggerhappypwner

trisontana wrote: »

On the subject and T&C Parking, I noticed today that they are still using the illegal wording "penalty charge" on their signs in the ASDA store in Grantham.

Can't they be sued for that if they actually use it? I mean this is getting beyond a joke now, they should be shut down and given a HUGE fine from the OFT!!

Oopsadaisy

They will have been given a 'reasonable' amount of time to alter all their signs.....so depends when they were told/knew they were illegal/unlawful.

Sirdan

trisontana wrote: »

On the subject and T&C Parking, I noticed today that they are still using the illegal wording "penalty charge" on their signs in the ASDA store in Grantham.

Is it actually illegal ...? It is somewhat misleading but that is not always the same thing.
if it were clearly illegal surely someone somewhere would have done something about it ?

I mean how blatant do they have to be ??? See below from APCOA ..



http://s1196.photobucket.com/albums/aa420/sirdan1/?action=view&current=053.jpg

trisontana

BPA Professional Code of Practice – General Conditions Section 15 Part 4 (15.4)
“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”

And also this from AL27 (a much respected poster on CAG):-

Asda's signs are terrible. They threaten 'Civil Penalty Notices,' which is

a) fraud

b) threatening something which does not exist

c) an clear statement that they are unenforceable contractual penalties

Sirdan

trisontana wrote: »

BPA Professional Code of Practice – General Conditions Section 15 Part 4 (15.4)
“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”

And also this from AL27 (a much respected poster on CAG):-

Asda's signs are terrible. They threaten 'Civil Penalty Notices,' which is

a) fraud

b) threatening something which does not exist

c) an clear statement that they are unenforceable contractual penalties

THE BPA CODE OF PRACTICE ....you can't be serious ...that's not law ..breaking it could never be illegal ..the BPA themselves admit they can't enforce it ! :rotfl:

a) is it fraud ? ..debatable ..it's a notice ..it asks you to pay a charge ..but it is civil not criminal..

b) I disagree ..if the PPC want to call their invoices "Civil Penalty Notices" then they exist ..don't they.

c) Totally agree ..by using the term Penalty they are shooting themselves in the foot or more probably the head actually !!! :rotfl:

trisontana

This from Alexis on PePiPoo (who I think is the same person as Al27 on CAG):-

There is no such thing as a 'civil penalty'. Private companies have no such powers. It is merely designed to scare you into paying and the use of such terms probably contravenes the 2006 Fraud Act and The Consumer Protection from Unfair Trading Regulations 2008.

Sirdan

trisontana wrote: »

This from Alexis on PePiPoo (who I think is the same person as Al27 on CAG):-

There is no such thing as a 'civil penalty'. Private companies have no such powers. It is merely designed to scare you into paying and the use of such terms probably contravenes the 2006 Fraud Act and The Consumer Protection from Unfair Trading Regulations 2008.

Probably ? or probably not as the terms "civil penalty" and "penalty charge" are used the length and breadth of the country and yet as far as I am aware not ONCE has any PPC been prosecuted for any offence(s) relating to the use of such terms !!!(happy to be proven wrong !)

So the qusetion remains if it is indeed illegal why is NO ONE prepared to do anything about it ????????????? :mad: