Help me win this argument.

[User482]

The fact that they told you in large letters that that was what would happen if you did.

Which misses the important point that they cannot legally do what they say they will do.

 

[srw]

Which misses the important point that they cannot legally do what they say they will do.

They can if they post a notice saying they will charge you. They can't if they're really threatening to fine - but I suspect they're not.

 

[growingvegetables]

If you want to look at the legalities, the vehicle belongs to your employer, so the parking company don't have to know who was driving - they can just sue the employer as the registered keeper and leave the employer to recover it from the driver i.e. you. If the parking company can't be bothered to take that step, no doubt you will feel proud and vindicated; but you damn well shouldn't.

Sorry - I don't believe that's correct

The parking "contract" is between the company and the driver. So - "The onus is on the person demanding payment, under the contract, to show that the party to it has agreed to the terms & conditions. If the keeper was not using the vehicle at the time they cannot be held liable." from here

 

[Mr Phoebus]

I say we dust off and nuke the site from orbit. It's the only way to be sure.

 

[User482]

They can if they post a notice saying they will charge you. They can't if they're really threatening to fine - but I suspect they're not.

They would have to show that the proposed charge is proportional to the loss they have incurred. I'm not debating from a matter of principle - simply that they can't charge a punitive fee, however they phrase it.

 

[Globalti]

The landowners right of action is against you as driver because you drove onto their land and parked. They therefore claim you've entered into a contract including payment of their penalty. They can issue a a County Court summons against you (writs are High court and way OTT for this sort of caper) to try and recover their loss but in practice it'll cost them an issue fee to be laughed out of court. The most they can recover is their losses - any damage you did or perhaps the charge (if any) you would have paid to park in a proper space. The claim for a penalty or fine is unlawful and bound to fail.

They could theoretically try on the issue of a summons for debt against your employer as 'owner' but again it will get them nowhere. They know this but might hope the employer pay up out of fear. No way on earth can they drag your employer before a court and force him to finger you.

Under the protection of freedoms bill, once enacted, there will be a principle of owner liability for these charges. The cowboys may then have amore identifiable target but it's not clear whether they gai a right to charge more than current losses.

Thanks, that's the clearest answer to my original question so far!

 

[mickle]

Thanks, that's the clearest answer to my original question so far!

What about the question I asked at #61?

 

[RecordAceFromNew]

What about the question I asked at #61?

I gave you the answers in #43 (they could/should have clamped Gti's Gti), the position after May will remain uncertain until the new law is passed.

 

[benb]

The fact that they told you in large letters that that was what would happen if you did.


As opposed to people who park where they are told not to park, then try to get a third party to collude in escaping the consequences. You're completely in the wrong on this one, Globalti, as everyone here keeps telling you.

If you want to look at the legalities, the vehicle belongs to your employer, so the parking company don't have to know who was driving - they can just sue the employer as the registered keeper and leave the employer to recover it from the driver i.e. you. If the parking company can't be bothered to take that step, no doubt you will feel proud and vindicated; but you damn well shouldn't.

So I could put a sign up saying "Payment of £10,000 to park here" and anyone who parked there would be obliged to pay it?
You're wrong on the legalities, as they have no right in law to levy this "fine". What they are entitled to do is to show that a loss was incurred by the parking, and claim that back. This is a scam, pure and simple.

 

[srw]

You're wrong on the legalities

[Sits back and watches the legal arguments flow. From the lawyer.]

 

[Silver Fox]

I am ignoring them and certainly don't intend to make any contact at all. At the moment they have no way of proving I was driving that day and that's how it will remain.

Unless they see this thread

 

[400bhp]

Unless they see this thread

And they know Globalti's real name and address, plus they know which particular incident this was, given he has not disclosed time and place nior the particular company involved.

Pretty unlikely I'd say.

 

[Globalti]

Their pisspoor operation is so low-budget that the six letters they have sent, purportedly from four or five different people at three different companies, all bear the same scrawled facsimile signature above different printed names!

So I doubt they frequent cycling fora or have time to go online as they must be so busy slipping different letterheads into the printer in their smelly little rented office.

 

[fossyant]

Someone has to say it...

Should have been on your bike sonny ! Far less stress

TBH back to your original 'problem' - most employers can't be ar$ed getting involved in these 'issues' so just pass the name of the driver on - the 'deck jockey' dealing with it probably won't know the difference between a 'real' letter and one of these con merchants.

Take the bike next time

 

[Leedsbusdriver]

http://www.ticketfighter.co.uk/private.htm