parking

muckybutt

juejuejools wrote: »

there was loads spaces to park , i have taken a pic just around my car aloan was 6 , so can you please advice on what you think i should do

Hi Julia,

as stated a few times, you have done nothing wrong. Merely crossing a white line on private ground is not an offence of any description.

Many 100's of regulay contributors on these parking pages have had private parking tickets, and we have all ignored them, we are still here, we have not had visits from bailiffs, we have not been to court.....all we have done is completely ignore them and their threats.

Dont get stressed out as there is nothing these companies can do, yes they will threaten you with court and ccj's and bailiffs but rarely and I mean rarely do any of these threats get carried out.

What ever you do though.....DO NOT PAY THEM OR CONTACT THEM.

mikey72

ManxRed wrote: »

To my knowledge there haven't been any cases specific to private parking before - it is relatively new advice that is being offered here so we are not aware of any cases that have gone through yet, however if you knew anything about contract law you would know that the legal principal is sound.

Watteau v Fenwick would be the appropriate case law.

Why not read this page and improve your subject matter knowledge?

http://en.wikipedia.org/wiki/Law_of_agency

That doesn't seem to be a clear case, and appears to even support asking the registered keeper for details of a third party. Still as it says for that case, "This decision is heavily criticised and doubted, though not entirely overruled in the UK". Still, if someone does ever go ahead and test the waters, I'm sure they'll post back.

mikey72

PeterPudding wrote: »

Watteau v Fenwick what a joke
One of the most highly criticised cases in history.

Why don't you think it's relevant. I don't simply want a slanging match, I want a reasonable discussion, and if it's going to be a yes/no, I'm out.

ManxRed

mikey72 wrote: »

That doesn't seem to be a clear case, and appears to even support asking the registered keeper for details of a third party. Still as it says for that case, "This decision is heavily criticised and doubted, though not entirely overruled in the UK". Still, if someone does ever go ahead and test the waters, I'm sure they'll post back.

No. A third party driving a car is not contracted by the registered keeper to carry out duties on their behalf.

AltheHibby

Mikey, ignore PeterPudding - he's a PPC troll.

juejuejools

he sounds realy nastey

AltheHibby

Juejuejools,

It's typical of him. He comes on here and tries to confuse newbies like yourself. Just keep ignoring the scammers.

mikey72

ManxRed wrote: »

No. A third party driving a car is not contracted by the registered keeper to carry out duties on their behalf.

An employee would be. Also you would expect the third party to drive correctly, assist with any legal claims, treat the car with due care, fill with petrol, water, oil as needed, so there would be a contract of some sort, even if just verbal.

ManxRed

No, unless there are specific terms in his contract of employment which state that it is within his duties to breach third party contracts then he is not acting within his duties if he breaches parking contracts. Therefore his employer cannot be held liable.

Ironically, this is the one bit in Watteau v Fenwick that causes it to be dismissed on some levels.

However, on other levels Agency Law is fairly clear. If someone is carrying out the duties requested of them by their employers then their employers are jointly and severally liable.

mikey72

ManxRed wrote: »

No, unless there are specific terms in his contract of employment which state that it is within his duties to breach third party contracts then he is not acting within his duties if he breaches parking contracts. Therefore his employer cannot be held liable.

Ironically, this is the one bit in Watteau v Fenwick that causes it to be dismissed on some levels.

However, on other levels Agency Law is fairly clear. If someone is carrying out the duties requested of them by their employers then their employers are jointly and severally liable.

However, usually the immediate advice is for employees to tell employers that car park PPC tickets are unenforcable, and can be ignored, so effectively telling the employer to give the employee authority to breach third party contracts. As I said, there are enough regulars on here proud to collect tickets, if would be interesting for some of them to start harrasment procedures, rather than advise new posters who are worried enough about the ticket to do it. Many then put up a template letter with a suggested amount to go for when you win?