1st October new rules. I'm confused. Someone explain in simple English.

Orford

AlexisV wrote: »

Read this: http://www.dft.gov.uk/publications/guidance-unpaid-parking-charges/

Only charges that are a genuine pre-estimate of loss incurred, or actual damages for trespass are enforceable (read the FAQs).

If, as the PPC' will claim, that the charges are a genuine pre-estimate of loss incurred, how are they going to explain the early payment discount usually offered.

On that basis, the PPC would suffer a loss on every ticket paid at the lower figure, which is hardly credible.

Dave_save

ManxRed wrote: »

Which bit is that in?

I can see in the FAQs (third paragraph, answer to Q.1) that the charges must represent a genuine pre-estimate of loss, so where does it say they don't?

Thanks. I see the relevant definition of charges. I was referring to Flowchart B where it indicates the PPC can seek court action to recover the cost of the ticket. When you look back at the level of charges, these must be set at a level to cover losses plus any administration charges. Presumably, these have to be set out on the notices and then can be challenged in court.

trisontana

Dave_save wrote: »

Thanks. I see the relevant definition of charges. I was referring to Flowchart B where it indicates the PPC can seek court action to recover the cost of the ticket. When you look back at the level of charges, these must be set at a level to cover losses plus any administration charges. Presumably, these have to be set out on the notices and then can be challenged in court.

Of course they cannot actual quote a monetary sum on any notices. If they can only claim a pre-estimate of loss then that would vary from case to case. So any figure that appears on a notice would be wrong and considered an unfair penalty.

bazster

trisontana wrote: »

Of course they cannot actual quote a monetary sum on any notices. If they can only claim a pre-estimate of loss then that would vary from case to case. So any figure that appears on a notice would be wrong and considered an unfair penalty.

You are misunderstanding what a "genuine pre-estimate of loss" is. It is a pre-estimate of loss, not an actual loss i.e. it is one party saying in a contract that "If the other party breaches this contract, we estimate that our loss will be £x".

So, if it is taken that a sign in a car park can be an offer to contract (debatable, but not the point at issue) then its clauses can refer to specific amounts payable for the various breaches.

Quite how those amounts are justifiable as a pre-estimate of loss is another matter entirely, as is the question of how the alleged loss can be identical for every different possible breach of contract, let alone how it can vary over time i.e. the infamous early-payment discount.