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Counter the Attack, Unexpected Response to Parking Charge Notice
Twizzle
post Sat, 15 Jun 2019 - 11:13
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I have now fought off 3 parking actions - in each case the companies turned shy of me.

I have not bothered with appeal procedures as I assert that I have never entered into any agreement with them in the first place. Appeals are about fines - not charges!

Firstly, I have affixed small but visible notices around my number plates which say "NO PARKING CONTRACTS ACCEPTED". If they take pictures of my number plates, these words show up as they are tightly aligned to the numbers. This means no company can claim that they were unaware of my terms and conditions when I entered the car park. If they use these camera methods, that is their problem. In fact, because so much parking company signage is buried within a car park rather than at the entrance, it is clear to anyone that I have set out my terms before they set out theirs.

Secondly, I have introduced my own charges to them. There is a clearly displayed tariff of charges in my car windows in relatively small print but not too small to read, which covers any eventuality and any company 'trying it on'. It sets out costs for responding to letters "£25 per letter" and a whole host of other costs associated with my collecting evidence with photography, recordings of interviews with shop staff, video creation and other items. I involve everyone.

The above means that the first thing that happens when a company writes to me demanding money is that they receive a bigger demand back, across 3 or 4 pages and containing a myriad of escalating charges and threats of action. If the company are stupid enough to proceed with their harassment of me, they will get trapped in a very lengthy and expensive court case which no company has so far risked embarking upon. I realise that such an approach could look 'crazy' but I have been careful to keep the language concise, and very much based on realities of contract law rather than pie in the sky assertions.

My case rests on the assumption that it will be very hard for a company to defeat the terms and conditions imposed by the driver (or owner as opposed to just the owner) entering their land, who has clearly stated that he will not agree to the imposition of un-agreed charges upon the 'driver or owner', and, where the parking company has failed to make the driver aware of their own terms and conditions at the point of entrance. Even so, I have not ever disclosed who precisely the driver was. The complexity mirrors their own complexity and assumptions.

Another point is that my contract also seeks to embroil the commissioning company into the argument. So, Waitrose for example, consequently also received many charges on invoices, discovering that they had unwittingly 'accepted' investigation of all of their trading practices. They had 'agreed' to having their practices published on a website and they would pay for the setting up and maintenance of the website. By the time they received the first invoice, I had already interviewed staff about wrongly priced and labelled items in the store and Waitrose were getting the bill for the research, the recordings and the photographs of signage - all of which was set out in the terms and conditions written on my car. If they wanted copies of my research they could have them, the costs amounting to hundreds of pounds.

Furthermore, all directors of the store company whether creative, accounting, company secretary, store development etc were emailed with a copy of the invoices which I imagine may well have governed discussion at the following board meeting, given the risks to reputation.

A lot of work went into the this, more than many people would embark on. My logic is simple. 'If you can impose non-agreed contracts upon me, then I can impose non-agreed contracts upon you - using your own logic of acceptance. So far, all companies have found the nearest exit by which to disappear. Now my templates are ready and any future actions will be far more simple to administer.

At any car park, where any company clearly set out ALL their terms and conditions at the entrance to a car park, so that I may freely decide whether or not to enter their land, I have absolutely no argument with that. Yet almost none of them do because they are hoping for soft targets to charge. It is only after parking inside that the complex rules and £100 type charges start to appear - too late! In this model I have used, the company(ies) agree to my contract first and I most clealry establish that I do not agree to theirs.

I hope this offers food for thought and am delighted to have these ideas developed.

Happy days.

PS. Look out for the story about a notorious car clamper, operating once in a northern tourist spot, as many used to, having to pay £65,000 in costs after he clamped someone! Coming soon! Someone I know well has taken the villain to the cleaners.

This post has been edited by Twizzle: Sat, 15 Jun 2019 - 11:20
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post Sat, 15 Jun 2019 - 11:13
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cp8759
post Mon, 17 Jun 2019 - 14:48
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Twizzle so if I adopt your tactics I can park my car on your drive, free of charge and for as long as I want, and you can't do anything about it, right?


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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jdh
post Tue, 18 Jun 2019 - 12:44
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QUOTE (cp8759 @ Mon, 17 Jun 2019 - 15:48) *
Twizzle so if I adopt your tactics I can park my car on your drive, free of charge and for as long as I want, and you can't do anything about it, right?
Not only that but Twizzle would have to pay you too.
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ManxRed
post Wed, 19 Jun 2019 - 09:09
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Everyone round to Twizzle's!!

This post has been edited by ManxRed: Wed, 19 Jun 2019 - 09:09


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Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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TonyS
post Wed, 19 Jun 2019 - 12:09
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All you need do is drop a note through his door saying "By receiving this note you agree to pay me £100"
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cp8759
post Thu, 20 Jun 2019 - 21:48
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QUOTE (ManxRed @ Wed, 19 Jun 2019 - 10:09) *
Everyone round to Twizzle's!!

I was thinking the other day we should have a meet-up biggrin.gif


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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ManxRed
post Fri, 21 Jun 2019 - 11:47
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If we each enter into a contract with Twizzle, the breaching of which results in a penalty to cover the costs of twenty Rothmans, a six pack of Stella, an M&S chocolate caterpillar cake and some balloons, we could make a right old day of it!


--------------------
Sometimes I use big words I don't understand in an effort to make myself sound more photosynthesis.
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Slatz
post Fri, 21 Jun 2019 - 11:53
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Dear Twizzle,

By reading this you agree to pay me £50.

I think you are beautiful.

This is my professional opinion and now I require payment for my services.

Please send me a contact adress so I can forward my bank details for you to make payment.

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