"Derek Geldard" wrote in message
...

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

How do they prove it was you driving the car?

In the normal way, balance of probabilities when sitting in front of the
judge sitting in the small claims court. If you understand the English the
judge speaks to you he is likely to infer you can read a sign. More
difficult to prove it was you driving if you are willing to lie to the
judge. But if the have photo/video or you are the registered keeper with
insurance in your name only then do the math - again balance of
probabilities applies.


Anyhow, it is most certainly not the case if there is no provision for
you to negotiate the terms of the contract.

You are dreaming. It is perfectly possible under English law to enter a
contract by your actions without negotiation. Do you negotiate the cost of
electricity, water, gas etc before you start using it when you move into a
house? Do you fill your tank with petrol and then negotiate a price?



Who says they are profitable.

I assert it. Surely it is obvious that if it were not profitable then the
close to criminal types engaged in clamping activities would not be doing
it. I feel fairly sure I could make a profit charging £250 a time to
unclamp cars.


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.

But you could look at it the other way and say that the millions of
motorists who have paid up and not taken the parking or clamping company to
court have not done so because the likelihood of them winning was low.


I am not saying these implied contracts are always fair in the sense of the
Unfair Contracts Terms Act nor that they may not fall foul of the
prohibition of 'penalties' in normal contract law, just that there is
nothing in principle to stop you entering into a contract by your actions.

Regards
Bruce