Posted From: 22.214.171.124
|Posted on Friday, 01 August, 2014 - 07:51: |
I am not a lawyer do not base a.defence or prosecution on what I say get a lawyer.
Unpaid invoice has been mentioned.
For an invoice to be valid there must be a valid contract. The courts in the UK are very unhappy with the idea of a.sign on a wall as the base of a contract because--------
A verbal contract such a bag of chips please is a valid contract once the chips have been served the contract is completed
A written contract such I will pay £40 if I park to long is valid if signed by the Parker.
But with the sign there is neither and that is what the UK courts are concerned about.
A judge has gone on record saying that and the commons have also said the same.
Plus a contract should have an offer and payment free parking has no payment so there is no contract unless the Parker overstayed.
These points are for barristers to argue about.
Tort is wronging someone.
If the Parker obstructs an entrance to say the warehouse and the owner loses say £1000 then the car parker has wronged the.warehouse owner who may sue the car owner for the loss, the tort. A sign such as no parking is not necessary for the.wharehouse to win bit it would help. If the sign says 2 hour limit then a judge might think that it was asking for a problem and decide accordingly and probably the warehouse would lose.
I would not put myself in that position,.I take care where I park.
(Message approved by david_gore)
Post Number: 575
|Posted on Friday, 01 August, 2014 - 23:18: |
It doesn't matter what you are charged with - from civil trespass to mass/serial murder - it always comes down to a 'strong' defence Vs the opinion(s) of the prosecution case, judge and/or jurors.
"Then the law, sir, is a ass"! Pickwick Papers.
Posted From: 126.96.36.199
|Posted on Saturday, 02 August, 2014 - 04:51: |
Keep your head down and yer neck wound in is my philosophy.
(Message approved by david_gore)
Vladimir Ivanovich Kirillov
Post Number: 60
|Posted on Sunday, 04 January, 2015 - 14:41: |
No Jan it comes down to the buck. Yes you are innocent until proven broke but lawyers use the term innocent until proven guilty but that just a smart propaganda move to convince the unwashed.
And what is more Jan is I can tell you that after 10 years at the Bar, some judges are well and truly barking mad. But I did know a French born lawyer here that actually attempted to subpoena a dog into the Supreme Court to give evidence.
Ah fortuneately I escaped the legal asylum and a lot lawyers were jealous that I somehow found a way to get out.
|Posted on Monday, 05 January, 2015 - 12:16: |
I once played 18 holes with a judge, he seemed very up to date and street wise.
Since writing the bit about parking.
A judge has said that private parking companies have to demonstrate that the parking invoice amount is justified and suggested that the average car parking fee should be invoiced.
In other words overstay by an hour and the fee is about £2 an hour.
Also he was unhappy with the appearance of the paperwork attached to vehicles looking like police ones.
I only park in proper places, I see cars parked in stupid places. Recently a car parked across my drive. My son couldn't get his car in. When the owner turned up SHE got abusive and said she will park where she likes. There's nothing I can do about, except call the plod because she is causing an obstruction. But plod has better things to do, so I do nothing.