Good Question?

give_them_FA

Here is one to have a bit of a brainstorm over:


Can a valid Consumer Contract be made with a Company which fails to provide its address at the time the contract is made?

nomadjb

If we are referring to car parks am I right in thinking that they usually put their address in small print on the signage? I can't swear to it but seem to recall seeing it somewhere.....great question too

taffy056

But according to the british pathetic association (BPA) they provide proper addresses and not PO Box ones, I don't think I have seen one of these scammers giving a geographical address on their signs, which they all are breaking the code of practice they proclaim they must follow , and some of the websites are no better!

Gemini Parking solutions
PO Box 2525
Woodford Green
IG8 1HS
United Kingdom

Enforcement Department
TPS UK
PO Box 7135
Kettering
NN16 6BP

Care Parking,
PO BOX 3697,
Chester,
CH1 9RT

ParkingEye Limited
PO Box 565
Chorley
PR6 6HT

give_them_FA

I am looking at one which doesn't. No address provided anywhere.

Not even a P.O. Box No.

taffy056

Well can't see how a contract can be valid in that case, I go to a tesco with spaces for 300-400 vehicles, and about 6 signs for the entire lot, its a car park attached to a retail park and the rest don't have a ppc, so how can any contract be enforced when the signs are 10ft up a post ? Simple it can't!

give_them_FA

The BPA code of practice, for what that's worth, doesn't require an address to be given. But I am talking consumer contract law, not their C of P. Can you make a meaningful contract with a company which fails to give you its full details??

taffy056

There is no meaningful contract with them its that simple, but has it been tested on a defence of a claim that the scammers have taken to court ? Doubt it. You know more than I on this, so what do you think ?

taffy056

Straight from scammer direct

B4.2 Signs must show, in plain and intelligible language, all the terms on which an operator may wish to rely. Signs must be placed at the entrance to the site, and there must be enough signs placed in other locations throughout the site so that drivers are given the chance to be aware of the risk involved at the time of parking or leaving the vehicle. They must include the following information:

i) the registered company name of the operator and, if the operator is using a trading name other than its
registered company name, a geographical address where documents can be served

nomadjb

I must admit I don't think I have ever seen a true address always a PO box......I have always assumed they didn't give a true address in case people "called round" with their payments.....

rdr

The law on company names and addresses is set out on the companies' house website:

Where must I display my company name?
Every company, unless it has at all times been dormant since incorporation, must display a sign with its registered name at:

• its registered office;
• any inspection place;
• at any location at which it carries on business (unless it is primarily used for living accommodation.

It must also include its registered name in all business communications (hard copy and electronic).
3. How must I display the sign with my company name?
You must display a sign with your company name:

• in characters that can be read with the naked eye;
• in such a way that visitors to that office, place or location may easily see it;
• continuously, but if the location is shared by six or more companies, each such company is only required to display its registered name for at least fifteen continuous seconds at least once in every three minutes.

So the PPCs legal name must be clearly displayed in every carpark. The law on displaying the address is less clear cut:

7. What additional information must I disclose?
The company must display the following on all its business letters, order forms and websites:

• the part of the United Kingdom in which the company is registered (i.e. England and Wales, or Wales, or Scotland, or Northern Ireland);
• the company's registered number;
• the address of the company's registered office;
• if a company is exempt from the requirement to use "limited" in its name, the fact that it is a limited company;
• if the company is a community interest company which is not a public company, the fact that it is a limited company;
• if it is an investment company as defined by section 833 of the Companies Act 2006, the fact that it is this type of company;
• if it is a company which has chosen to display its share capital, it must display the amount of paid up share capital.

8. What information must the company provide on request?
If anyone with whom the company deals in the course of business makes a written request for:

• the address of its registered office:
• the address of any place of inspection;
• the type of company records kept at the registered office or inspection place.

The company must provide this information, in writing, within five working days.

I think it it depends whether you interprate the signs as the order form or not.
You could have some fun with section 8.

nomadjb

I checked a sign at my local Tesco's...... no address what so ever just a telephone number...I intend to call to ask for mre information on Monday however I'm not expecting a human to interact with.....the thread about the barristers reply to a ppc letter and this thread here have given me enough information to ask the right questions......