On Fri, 16 Jul 2010 09:08:36 +0100, "BruceB" wrote:



"Derek Geldard" wrote in message
.. .

Whatever, there is no legal basis for imposing a £90.00 charge. In
England a private company cannot impose penalties of their own
(whatever next?), they can only make a charge for carrying out a
service they deliver under a freely negotiated contract, but no such
contract exists. A contract is not established merely by one party
sticking a notice up on a lamp post..

Derek

I agree with the penalty charge point, but a contract can be entered into by
a company putting up a clear, legible and prominent notice, you reading it
and then you taking an action that implies accepting its terms, like parking
underneath it.


How do they prove you read it,, are literate, and understand English ?

How do they prove it was you driving the car?

Anyhow, it is most certainly not the case if there is no provision for
you to negotiate the terms of the contract. That means someone from
the parking outfit has to be there with authority to vary terms and
ultimately enforce your removal from the land (within the provisions
of the law)..

If these sort of contracts were not legal then the clamping companies would
not be the profitable organisations they are in England today.


Who says they are profitable. They are usually just a gang of ex (?)
-criminal chancers trying to cash in on easy money. Communications
from them usually originate from a set of nested incestuous companies
who's sole function is to intimidate the Oi Polloi into coughing up.

Under the last government there was always the possibility that their
activities could eventually be legalised so that Prescott's (spit)
unsavoury mates could cash in . Think Klondike all over again.

FWIR only one such case has been awarded against a motorist. That
because he thought his case was so self evident he didn't even bother
arguing it in court. but the judge took the view that it wasn't down
to him to argue the case for one or other party.

Derek