"Tim Lamb" wrote in message
...
In message , tim.....
writes

"charles" wrote in message
.. .
In article , tim.....
wrote:

"alan" wrote in message
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On 09/09/2012 09:19, Dave Plowman (News) wrote:


It doesn't take 5 grand to valet a car so there is no trace left of
it
being smoked in.

The lease company wouldn't spend more than 5 minutes examining it and
then sending it to auction in the same state it was returned.

The 5 grand would be a combination of the reduction in the resale
value
and a (previously stated) penalty for breaking the terms and
conditions of the lease.

Such penalties are not legally valid and cannot be enforced. Only
government bodies can fine you for not doing what you are told,
everybody
else has to confine themselves to claiming for "actual loss", which in
this case is completely covered by the reduction in value as there is
no
extra admin involved if they just send it to the auction whatever the
condition.

It entirely depends on the terms of the contract.

No it doesn't, it depends upon the law, and UK law specifically bans the
collection of Punitive damages in any type of contact - only the
government may punish you. Any contract clause that attempts to do so
will always be void.

But I can enforce a published parking charge on private land?

That's not damages for breach of contract, it's a charge for the actual
goods/service that you are selling. (And can legally be whatever amount
that you want it to be - that the customer will pay).

tim