On 16 July, 09:08, "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.

This is contentious. No UK court has ruled that it *is* acceptable ...


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

A *clamping* company has one advantage: they will get their money
before the clamp comes off.

If someone were to get their car clamped, and then apply to the courts
to instruct the clampers to remove the clamp (and file a civil suite
for damages) then a court would be able to rule on the validity of the
contract. Many people have speculated it would not withstand such
scrutiny. Otherwise you, or I could put a small sign on our front door
saying that we charge £10 to press the doorbell ...