We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Tradesman trying to get me to pay parking fine he incurred on the job - threating legal action

13»

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    IW91 said:
    KeithP said:
    But do remember, the OP has told us that the trader's quote said 'parking charges and travel may apply depending on your situation'.

    I too think it is ridiculous, but has the OP already agreed to pay this charge?
    I get what you're saying. There's some ambiguity in the language and no doubt that when the trader wrote it, it was as clear as day he meant by the term 'parking charge', but it isn't clear to anyone else.

    I certainly wouldn't have gone with this company if I thought even for a second that they intended to charge me for parking fines.

    Section 69 of the Consumer Rights Act 2015
    covers that...

    69 Contract terms that may have different meanings

    (1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    IW91 said:
    KeithP said:
    But do remember, the OP has told us that the trader's quote said 'parking charges and travel may apply depending on your situation'.

    I too think it is ridiculous, but has the OP already agreed to pay this charge?
    I get what you're saying. There's some ambiguity in the language and no doubt that when the trader wrote it, it was as clear as day he meant by the term 'parking charge', but it isn't clear to anyone else.

    I certainly wouldn't have gone with this company if I thought even for a second that they intended to charge me for parking fines.
    Come on ...... parking charges are ok such as £10 for 8 hours but he parked in a limited time car park and got a charge for over staying ... you never agreed to that
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Someone has warned us that it is a potentially legitimate threat and that builders can put a 'lien' on a house, making it difficult to re-mortgage or sell if there is an outstanding debt. Is there a chance that this could happen?

    Complete and utter tosh.

    What they are referring to, is a Charging Order, whereby a Court puts a charge on property, similar to a second mortgage, which has to be paid off when the property is sold.

    However, the Court won't even consider this for a sum of less than £5,000, and certainly not for a trifling £100 parking charge.

    The CAB advice was right (not always guaranteed), you owe these chancers diddly squat, and if they were daft enough to take it to Court, the Judge would have a hard time keeping a straight face while dismissing their claim.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    OK IW91 ...... you have now had the best information .. Bargepole is a para-legal 

    Come back if it goes further ... doubt it will
  • Snakes_Belly
    Snakes_Belly Posts: 3,725 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    It would be usual for a trader to factor in normal costs to a quote. A parking ticket is not a normal cost. It's a try on.  

    Nolite te bast--des carborundorum.
  • IW91
    IW91 Posts: 8 Forumite
    First Post
    Thanks everyone. I'll keep this thread updated if/when they are any further developments.
  • Fruitcake
    Fruitcake Posts: 59,532 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July 2021 at 9:00AM
    There is a big difference between a parking charge, as in paying to park, and receiving a Parking Charge Notice for breach of parking terms.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • fisherjim
    fisherjim Posts: 7,111 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 July 2021 at 9:10AM
    If what they are trying to do was legit they could slap on all sorts of spurious charges they might rack up without even caring, what utter rubbish.
    They broke a contract which you were never party to or saw and are trying to push that cost on to you.
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Does this company feature on TrustPilot (yet)?
    You never know how far you can go until you go too far.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 262K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.