Shoal Enforcement Wheel clamping

HO87

RENEGADE wrote: »

Bоllocks is the correct spelling! But I'm not saying it to you at this point.

If volenti applies to PPC tickets, let's see a list of cases where the PCN has been proven lawful and the respondent was forced to pay. The business of the clampers seizing the vehicle until an alleged debt is paid is merely a starter. Where in the Unfair Contract Terms Act 1977 does it state that where clamping is an issue, the fee to release and charge notice can be any price the antagonist chooses to charge.

The problem is that law is ambiguous, and judges are just not up to the task.

Whether you like it or not volenti is a crucial element to the overall PPC/clamper argument and attempting to put me to proof by setting out a list of cases supportive of that position or not will do nothing to change the situation.

For the sake of clarity, I do not believe that my position could be described as being even vaguely pro-PPC. Nor am I convinced that contract law is ambiguous. It may not be set out clearly in a single document and might require research and reading to understand wider concepts but it is not ambiguous. There are areas that have yet to be tested and that is why we have judges. Make the law entirely prescriptive and there would be no need for judges and decisions could be made by remote civil servants on a paper shift. That would be a long way from justice. At least at present we approximate justice.

RENEGADE_2

I said "law is ambiguous" - not just Contract Law. The examples given by Sirdan on his post and me on an earlier message on this thread testify that this is so. The laws he cited pertained to authorities and were not cases of anybody holding goods until a debt was paid. The example he did give though - on a citizen's level - was one that I am personally familiar with: mechanics refusing to hand back keys when you dispute their bill. So my advice to anyone there is - drive with your spare key and when you go to pick it up, use your own. I told them after they messed me about and made it ten times the price they quoted "I can't afford it now, it will have to be Monday", the guy says "fine, but I can't release the car". I told him "no problem" as I went away and then he looked to see that I had released my own car as I drove out the compound. Now I did pay them on Monday, they didn't like it but it was a case of "take it or leave it" (the money that is). This happened in 2006 with my wife's motor, I was dealing with it. The point was they never phoned the police, or if they did, cops did nothing.

Of course I was not seriously expecting a list of PPC victories in court. I was only making the point that what is volenti with clampers is also the case with PPCs, the only difference in scenario is who is holding the money and who is chasing.

HO87

Much as I have no objection to naming and shaming, this type of post, coupled with what can only be construed as an incitement, is the very thing that could lead to the otherwise informative thread being deleted. I'd suggest that the poster consider amending it accordingly. It would be a real shame to see all the other information going to waste.

Coupon-mad

You are right HO87, those addys should be deleted as I expect someone has saved them safely by now.

Driver8

PRIVATE PARKING TICKETS - DON'T PAY!
IT IS NOT A FINE! YOU HAVE DONE NOTHING ILLEGAL!

This is an information page for the thousands of people who receive "tickets" from private companies in the UK ever day at supermarkets, retail parks, and in any other privately-owned carpark.

We are NOT encouraging anybody to openly flout parking restrictions on private land, or to refuse to pay reasonable charges for parking. Landowners have a right to make reasonable charges for the use of their land.

For advice specific to your case, you should visit the forums at http://forums.pepipoo.com or http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences.

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

1. What you should know about these companies

It is important to remember that private parking companies (or PPCs as they are often called) have NO OFFICIAL POWERS - that's right, none at all! They give out their "tickets" on the basis that you have seen the signs in their car park and that you have therefore agreed to a contract obliging you to pay a certain sum of money.


2. What happens to people who don't pay?

In 99.9% of cases, absolutely NOTHING! The company pays the DVLA £2.50 to get your address, and then sends lots of threatening letters. In the main, these letters can be safely IGNORED. The only way the company can actually force you to pay is by taking you to the small claims court, which costs them even more money. And they are by no means guaranteed to win! And they practically never do.

The two main reasons for this (among others) are the following:

- Only the person DRIVING the car could ever have agreed to any such parking contract. The company can only get the Registered Keeper's address from the DVLA: you don't have to tell them who was driving.

-Many of these charges are so extortionately high that they constitute a penalty, which is unenforceable in a consumer contract.


3. Can they affect my credit rating?

NO! The only way your credit rating could be affected by ignoring private parking companies is if you were taken to court, lost, and then still refused to pay. But they will not take you to court.


IN SHORT

The vast majority of the time, you can safely IGNORE tickets from private parking companies, they are not official fines.

The vast majority of the time, you can safely IGNORE the threatening letters, including those from debt collection agencies.

You DO NOT have to pay a penny of your hard-earned money to these companies. Remember that the chances of being taken to court are very slim indeed.

DO NOT IGNORE COURT PAPERS!
If you receive real court papers from a private parking company (very rare) then you should go to http://forums.pepipoo.com or http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences for help defending the claim. Do not be afraid to sign up and ask questions regarding any paperwork you are not sure about.



Don’t believe the above? Watch a solicitor on Watchdog advising you what to do with the scam invoices.

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

THEY ARE NOT FINES

Only the Police, Courts or Council’s can fine you. NOT a private company, please remember that.

TwistedPsycho

Ouuuu a second address for Shoal's owners.... I might have to pick up a number 37 bus after heading to Denvilles on the number 27......

Woodwag

Have spoken to landlords Savoy Stewart - very polite, but disappointed with there attitude. Wish they would take on board the reputational damage they could be caused by employable companies such as Shoal.

Coupon-mad

Woodwag wrote: »

Have spoken to landlords Savoy Stewart - very polite, but disappointed with there attitude. Wish they would take on board the reputational damage they could be caused by employable companies such as Shoal.

They will take it on board when you send them a Letter Before Action then follow through with a Small Claim against them.

RENEGADE_2

No. Make a big claim against them. Fair enough, it may be small in the eyes of the tribunal but don't mention "small claims" in any correspondence as it doesn't sound harrowing enough: just use "county court".

I would suggest you also claim for more than the money lost - it has caused you stress and other emotional hardship. This very thread (which contains the Amy Taylor report link) is authentic and substantiates the veracity of your point.

HO87

TwistedPsycho wrote: »

Ouuuu a second address for Shoal's owners.... I might have to pick up a number 37 bus after heading to Denvilles on the number 27......

I can absolutely assure you that there is no longer any connection at the Denvilles address. But you could stay on the 27 and go to the scene of the MD's former employment in a tropical fish shop in Emsworth. This would seem to have provided the name of his current empire for if you look carefully at the blue/gold Shoal logo you'll see it's actually a fish.