Friday, 5 March 2010

Clampers reply

Well, they left it to the last minute but they have replied saying they have considered the appeal and unfortunately the penalty for parking without a permit stands.

Yes, that is right, they call it a penalty in their letter!!

They should know better. Companies and individuals cannot impose penalties, only courts can do that, and contacts do not allow penalties either. It also means their supposed contract has no substance, only penalties which probably (IMHO) means it is not actually a contract. I may have to read up.

They don't talk of their signs being clear (they are not, and are not lit), but that another sign saying "Tollard Court" is clear (it is). They go on about James parking on private property. They seem to miss the point that parking on private property does not allow them to impose penalties, it allows them to ask him to leave. They clearly had no intention of mitigating the trespass as they stopped him leaving!

I'll write back explaining this and pointing out that we will use their letter (stating it is a penalty) in the county court claim if they do not pay up.

...

Statute law is great isn't it! The Unfair Terms in Consumer Contracts Regulations 1999 scheduled 2 part 1(e) "requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation;"

I think £150 for failing to display a valid permit is disproportionately high, IMHO..

1 comment:

  1. Don't forget if you take them to court, take the land owner to court also. The clampers will either not show, or show, lose and still not pay. The land owner has an asset (the land) which you can attach :)

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