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| [url=http://forums.moneysavingexpert.com/showthread.php?t=1657893LINK[/url
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| Quote vb1981="vb1981"Ermmm I havent parked anywhere illegally, nor do I intend to. Law abiding citizien
'"
The chances are that the OP hasn't parked "illegally". The likelihood is that they have merely failed to adhere to some spurious and misleading term imposed at the whim of a private parking company. The two things are very different.
I'd be telling them to do one and inviting them to challenge my stubbornness in court (which they won't). Then again, that's just me.
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| If the OP hasn't done anything illegal in parking where he did, then presumably he can call the police to get the clamp removed, as removing it himself with Bolt Cutters could leave him open to prosecution for criminal damage?
What would happen if he was to call the police rather than pay the ridiculously exhorbitant "release fee", would the "company" then just remove the clamp and stop bein pillocks?
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| What used to happen on the land outside my old office ... [urlhttp://jerrychicken.wordpress.com/2010/08/17/clamping-on-private-land/[/url ... which was patroled by two very shifty looking individuals who were well known to the police and used to vanish for a few months at a time on Her Majesty's Pleasure - its an industry for crooks when they are not behind bars.
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| Quote batleyrhino="batleyrhino"If the OP hasn't done anything illegal in parking where he did, then presumably he can call the police to get the clamp removed, as removing it himself with Bolt Cutters could leave him open to prosecution for criminal damage?
What would happen if he was to call the police rather than pay the ridiculously exhorbitant "release fee", would the "company" then just remove the clamp and stop bein pillocks?'"
He wasn't clamped. He was given an "invoice" on the basis that he breached the term of a contract. An alleged breach of contract is not a breach of the law.
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| tell them to take you to court. nothing will happen. it's the idiots who pay straight away they are after
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| Can you be party to a contract without acknowledging it. For a contract to be formed in law don't you need consideration to have taken place?
I guess that the issue can only occur if the person (or company) who own the land have specifically employed the "Parking Company" to "invoice" the "offenders" and there is a big shiny notice in clear sight to confirm that parking here will incur a charge.
I'm no expert on this matter, but I'd fancy my chances against a bunch of Shisters like they appear to be.
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| Quote batleyrhino="batleyrhino"Can you be party to a contract without acknowledging it. '"
No.
Quote batleyrhino="batleyrhino"For a contract to be formed in law don't you need consideration to have taken place? '"
A clearly signed area and you leaving your car there is ll that is required, by doing so you agree to the terms as set out.
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| Quote Big Graeme="Big Graeme"No.
A clearly signed area and you leaving your car there is ll that is required, by doing so you agree to the terms as set out.'"
So I would imagine it comes down to whether there were any signs, if there were, that those signs were clear.
I seem to remember a while ago someone was let off a parking ticket because the double yellow lines had worn away and were barely visible.
Or it's a total scam which may be more likely!
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| Quote tad rhino="tad rhino"tell them to take you to court. nothing will happen. it's the idiots who pay straight away they are after'"
Indeed.
And if they take you to court dispute it.
There's a very good chance they will drop the claim rather than pay hearing fees and attend court.
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| Quote bramleyrhino="bramleyrhino"
I'd be telling them to do one and inviting them to challenge my stubbornness in court (which they won't).'"
Quote bramleyrhino="tad rhino"tell them to take you to court. nothing will happen. it's the idiots who pay straight away they are after'"
Quote bramleyrhino="G1"
There's a very good chance they will drop the claim rather than pay hearing fees and attend court.'"
What they said!!
I'd give them a call, and rearrange the words... Bo[ill[/iocks, you & can. Then tell them if they want the money you'll see them in court. NO WAY would a company like that take you to court over £100.00. They'll probably just send someone out on Match Night hoping to make a quick buck on the back of the people that phone up and pay in a panic (as Tad has said).
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