Having fun with traffic wardens and clampers

[biggyB]

Here is a great way to fight back against the pirates

http://www.getoutofdebtfree.org/template/images/pa...

The idea is that you fix this notice to your windscreen. In law this creates a contact offer. Anyone attaching anything to your car after this accepts the terms of the contract. You then can legally invoice the council or the clamping company for the 5,000.
Of course you may need to take this to the small claims court but you should win if you know anything about contract law.

here are more details and also a link to download the image and print one off:
http://www.getoutofdebtfree.org/Parking-Notice

[biggyB]

Why the laugh? Did you read the info on the link? Lots of people having success with this. It stops a lot of attempts to clamp or ticket too. Proven effective.

[biggyB]

Oh ye of little faith!

Little did you know that you all have the right to propose terms to any contract. Its as simple as that. This notice sets out your terms for doing business. IF they want to accept your terms then great, send them an invoice. All legal and above board.

Or of course you can just pay them whatever they demand. The choice is yours.

[biggyB]

allergictocheese said:

Yes, yes, yes. Please send the £365 you owe me.

Hahaha nice try. But you cant just walk up to someone in the street and say something like " any more steps that you take you pay me 5 pounds per step" that's silly. You have no business with that person. But in contract law you are perfectly within your rights to set your own terms for anyone trying to do business with you in the first place. Which is what the wardens or clampers would be doing by attaching anything to your car.

Therefore any further attemepts to impose your unilateral contract on me and collect this 365 pounds will be treated as unlawful harrasment and will incur a fee of 1,000 pounds.

Know your rights and the law and fight back. Or bend over and take it. The choice is yours, its a free country (just)

[biggyB]

longblackcoat said:

In what way are traffic wardens and parking companies pirates?

They all have quotas to fill which is immoral. Clearly they are a money making organisation first and foremost and use intimidation and threats to get your money.
This is an effective way to stop them or stand up to them.

[biggyB]

Breadvan72 said:

Oh goody, it's been ages since we had any of this nonsense!

OP, I am trying to break this to you gently, but everything that you have posted is utter claptrap. The law does not work by sorcery and magical incantations.

Try this as an antidote to the Loonyjuice that you have been imbibing.

http://rationalwiki.org/wiki/Freeman_on_the_land

No sorcery or magical incantations required. It just a simple example of the offer and acceptance model of contract law.

[biggyB]

Greg66 said:

According to your profile you are a newbie to the motor trade and eager to learn.

When it comes to contract law, your eagerness is a genuine asset, for you have so very much to learn.

Thanks, always eager to learn. Are you experienced with contract law? Where is the flaw in the idea?

[biggyB]

Breadvan72 said:

There is no consideration. The motorist offers nothing of even the most nominal value in return for his supposed entitlement to be paid some daft sum of money. Add to this that the Notice is inherently frivolous and vexatious, and can't be taken seriously. It is seeking in the private parking context to prevent the car park operator from taking a step towards enforcing the parking contract. In any event, even if the car park operator decides not to put a ticket on the car, it can still find out via DVLA who is the keeper of the car and send a bill in the post, so the OP's daft plan won't work anyway.

Not so BV, the consideration is that you, the motorist, pays the parking fine, thereby incurring a detriment. He also includes an invoice with his remittance in accordance with the binding contract that the clamper clearly accepted.

Can you explain why it is frivolous and /or vexatious to make a counter offer?

You are correct though that this is an attempt to prevent the clampers from establishing a contract, although i would prefer the word dissuade, all done in a lawful manner. They have the right to accept or decline your offer, or of course make a counter offer.

[biggyB]

Terminator X said:

Just out of interest though why does a sign erected in a car park writ in very small print = a contract whilst something similar erected in your car windscreen not?

TX.

Neither are contracts, one is an offer, the other a counter offer.

[biggyB]

Greg66 said:

Yes thanks.

There is no contract is a good starting point.

I think you might be missing the point. This sign is a counter offer to contract. If they go ahead and attach something to your car then a contract is formed.

[biggyB]

Breadvan72 said:

Reasons why the hilarious unicorn notice has no legal effect.

(1) In the context of enforcement of statutory or regulatory parking rules, it is not possible to override such rules or prevent their enforcement by the use of any such notice. You can't opt out of some generally applicable legal provision just by saying that you do.

You would not be overriding any rules, you would be sticking to the rules. The rules of contract law and commerce. No opting out of anything is suggested.

Breadvan72 said:

(2) In the private parking context, no Court would regard the person who places a private parking ticket (which is as we know a demand for payment, the enforceability of which is debatable, but that's another thread) on a car that bears the fruit loop notice as having an intention to contract on such frivolous terms, but in any event the loony with the unicorn notice on his car isn't providing any consideration to support his claimed contract.

The motorist provides consideration by paying the ticket. He also sends his invoice along with it.
I'm relieved that you think these demands for payment are dubious or debatable. I was beginning to think i was posting on a traffic wardens forum or a conservative MP's forum!

Breadvan72 said:

OP, a contract requires offer, acceptance, intent to create legal relations and consideration.

Every point you rightfully made here is covered. Offer (tick) Acceptance (tick) Intent (tick) Consideration (tick)

Breadvan72 said:

Compare and contrast the notice at the car park that says "blah blah if you park here blah blah". That is an offer. The motorist accepts the offer by parking . Intent to create legal relations is easily inferred. The car park operator provides consideration by making the car park available. The motorist provides consideration by (through conduct) agreeing to the terms offered (only the enforceable and non penal ones, by the way) .

I respectfully disagree. The motorist makes a counter offer by parking with his sign in the window. As you know a counter offer removes the original offer from the table. The clamper either accepts this counter offer by clamping the car or doesnt by walking away.

Thanks for th intelligent reply BV