Major rant!! Help & Advice needed (legal)

[chas49]

a contract has to be made beteen two parties and there does have to be an offer and acceptance as well as valuable consideration.

In simple terms that used to mean one party had to say "But this for £1", the other said "OK" and handed over a £1 (or promised to). That's a contract.

Over the years the courts have interpreted various different activities as giving rise (or not) to a contract. Driving onto a piece of land and (possibly) reading a sign about a penalty doesn't (IMHO) sound too much like a contract. If there was a contract, then you weren't a party to it anyway.

They might have a stronger case for trespass - but can they show any damages?

Really doubt whether they have the right to obtain your details from the DVLA though. Raise this with the Information Commissioner if you're concerned (though in this instance it's likely to be the DVLA or someone similar who may have acted improperly in disclosing your details rather than the company so this may not be all that relevant to your dispute with them.

Speak to the CAB. But consider how much time and money you want to put at risk in defending this if it goes further. Perhaps your wife write to them apologising for using thier clients property withour permission and offering to pay a reasonable fee for parking (say £10) - make it clear this is without prejudice and not an admission of liability. See what they say...

HTH....

[Janos]

Originally Posted by hopper

Who or what the F is I Anal?

I am not a lawyer

[Daniel Taylor]

I would let me try to take you to the small claims.
Even if there were a contract by virtue of you accepting their terms and parking, the contract can only have been entered into by the person parking the car i.e. no you. Your wife has no legal power to enter you into a contract without your explicit consent.

[Daniel Taylor]

I have just found this on the CAB site.

'Parking fines on private land If you park on private land without permission (or stay longer than you paid for, for example, in a shop car park), you might get sent a notice telling you to pay a parking fine. This might look like an official fixed penalty but it isn't one. It's a notice that they intend to take you to court for trespassing, and will offer to let you pay some money to settle the case out of court. This isn't a criminal matter. If you get one of these notices, get advice from a Citizens Advice Bureau'

[onthetrain]

Originally Posted by Daniel Taylor

I have just found this on the CAB site.

'Parking fines on private land If you park on private land without permission (or stay longer than you paid for, for example, in a shop car park), you might get sent a notice telling you to pay a parking fine. This might look like an official fixed penalty but it isn't one. It's a notice that they intend to take you to court for trespassing, and will offer to let you pay some money to settle the case out of court. This isn't a criminal matter. If you get one of these notices, get advice from a Citizens Advice Bureau'

Daniel,

I think you just summarised my views really nicely.

I am actually thinking of copying their notice at the site and putting something in my car window to the effect 'If you take a photograph of this car you undertake to pay me £5000' and then sending them a notice & a bill. What do you think?

Will they pay?

[jph6969]

LOL LOL LOL

Go get em!!!!


LOL LOL LOL


Jason

Originally Posted by onthetrain

Daniel,

I think you just summarised my views really nicely.

I am actually thinking of copying their notice at the site and putting something in my car window to the effect 'If you take a photograph of this car you undertake to pay me £5000' and then sending them a notice & a bill. What do you think?

Will they pay?

[PADI-Paddy]

I would tell them to FUCK OFF INTO THE NIGHT !!!!!!


On a more serious note I would be seeing a solicitor to see who gave your details to a muppet security firm. DATA protection and all that !!!

Dont pay them I wouldn't, I would contact my MP get him/her to earn their money.

I would be asking how this firm got your details I would push that to the limit. I dont know if it is the same in England but the first visit to a solicitor here in Ireland is FREE!!!!!!!!!!!!!!

Go get them mate be aggressive dont let the bastards grind you down........

just a thought

[onthetrain]

thanks for your support & views guys. I've decided not to take this one lying down. Here's a copy of a letter I've just sent the 'security' company


A.S. Securi-t
Suite 87
27 Colmore Row
Birmingham
B3 2EW
To Whom It May Concern:
Without Prejudice:
I am writing in response to a letter received by me on Friday 14th October 2005 in which you allege that I breached parking regulations on land at Riverside Industrial Estate, Wimborne, Dorset at 1148 Hrs on Sunday 2nd October 2005. The letter contained a parking charge notice 199743.

I am writing to inform you that I intend to contest this matter. I have not on the day in question, or indeed at any other time, parked my vehicle in the location alleged. At no time have I granted permission to any other person to park my vehicle at this location. I have not at any time entered into any form of contract with either you or your agents. No-one has ever had my permission to enter into any such contract on my behalf.

If you are in possession of any information to the contrary I request that it is disclosed to me immediately as is my right under section 8 & 9 of the Data Protection Act 1998. I am further entitled to full disclosure of any personal information held by you about me. I formally request disclosure of this information forthwith.

It is my view that the taking of photographs to detect ‘parking offences’ in this manner, and in circumstances which lead to the gathering of private information about any person (in this case, my name and address) amounts to ‘directed Covert Surveillance’ as defined by Section 26 of the Regulation of Investigatory Powers Act. Surveillance of this kind requires authorisation in advance from an authorised person. Under the terms of the data protection act 1998 I request that you disclose a signed copy of the surveillance authorisation, together with details of the issuers right to issue such an authority. I further consider that your behaviour in this matter breaches my Human Rights by being in contravention of Article 8 of the Human Rights Act 1998.
I would be grateful if you would forward the information requested within 7 days so that I can forward the information to my legal representative. If you fail to respond to these requests within 7 days of the receipt of this letter it shall be deemed that you have no further interest in this matter.


Sincerely
Alan Ewart

[PW1664]

Thta'll teach ya.... Buy the missus a bike .... !

[Scuba Monkey]

Awesome letter Alan! I was wondering about the "Without prejudice" bit. Does that mean that you don't hold it against them for allegedly being a complete shower of cowboy w@nkers?

Edit: I may of course have got this security firm mixed up with another about whom someone, whose name I can't remember, may or may not have called a complete shower of cowboy w@nkers! *cough*