View Single Post
  #59   Report Post  
Posted to uk.d-i-y
tim..... tim..... is offline
external usenet poster
 
Posts: 1,533
Default Apprentices smoking in vans


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


So, provided I have a clearly visible/worded notice explaining the charge
applicable to unwanted parking on gateway access aprons, I am at liberty
to detain, without damage, any such vehicle?


No, the new law prohibits you from immobilising the vehicle either by
clamping it or by moving it behind a fence that you restrict access to (with
or without charge).

But you are entitled to make a charge for the parking, and subject to you
"ticketing" the vehicle in the correct way you are entitled to collect that
charge through the courts if they don't pay up.

That fact that this might be more hassle that it's worth doesn't negate the
legality, which is all that I am discussing.

There's also a new law that entitles you to move the vehicle if it's causing
an obstruction, but you have to respect rule 1 when you do so.

tim