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BruceB[_3_] BruceB[_3_] is offline
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Default OT - Parking scam at Lidl



"Jethro" wrote in message
...
snip
Regarding parking charges, the argument goes that by posting the
parking companies T & Cs in the car park, they are making you aware of
their provisions (that you pony up £90 if you don't shop at Lidl). If
you don't like the T&Cs you are free to leave. By not leaving you are
implicitly agreeing to the "contract" (and therefore owe the £90).
This concept is called (IANAL caveat again) "weak consent".

HOWEVER, AFAIAA this has never been tested in a court. If it were to
be, then the visibility of the sign, the wording, and a whole load of
other factors would be considered as to whether the situation were
clear enough to be considered a "contract" and therefore enforceable
by the courts.


Regularly tested in the small claims court. Companies seem reluctant to go
there , but here are a couple of examples that went the parking company's
way:
http://www.oldham-chronicle.co.uk/ne...st-judge-rules
http://www.shropshirestar.com/latest...arking-wrangle

snip

Of course you *could* angle grind the clamp off (which would be
criminal damage) and invite the clampers to sue you for the cost.
However, mysteriously, even though there are many cases of people
doing this, no clamping firm has tried it.


The clampers do not have to sue you, they can report you to the police as it
is criminal damage and then you risk a criminal record.

Regards
Bruce