Last
July, I wrote an article entitled Smells
Like Double Dip, outlining the depths that unscrupulous businesses will
plumb in order to snare the unsuspecting. It was well received, and I had
emails from others with similar stories. That particular scam was derived from
the premise that the prospect of financial gain often suspends common sense.
This
piece concerns a somewhat different human Achilles’ heel: ignorance of the law.
Five
weeks ago, I spent a relaxing evening with a large group of friends at a smart
riverside restaurant in central England. A popular place, car parking can be
difficult. My car ended up in a solitary remaining space on a short approach
road. Yesterday, I received a rather nasty, bullying letter from some outfit
called Vehicle Control Services Ltd.
It bore my name, address, car registration number, along with a demand for £100
(€126 or US$157) (Figure 79.1). I had – apparently – breached the ‘terms and
conditions in the Privately Operated Car Park at Private Road (my italics)’. There was no mention of the main road, postcode
or even the city itself. Also absent were the ‘terms and conditions’, any
documentary evidence and the consequences of refusal to pay.
Figure
79.1: At first glance, this resembles a legitimate penalty notice. It is
nothing of the kind, and hence fit only for the compost bin.
Copyright
unknown
I
was puzzled momentarily. Since when, I wondered, did parking on a public road
with no yellow lines constitute an infringement on private property? I spent a
few minutes reading the remainder of the communication. Aside from the spelling
and grammatical errors, and clumsy ruses seemingly designed to mislead, it was
clear that the company had no lawful right to demand payment. In England, it
must be remembered, only a Court of Law, police enforcement unit or local
government authority has any such power.
So,
why are such notices legal? I suppose the company could, if pressed, argue that
the notice is in fact an invoice – not an actual demand – for a charge
emanating from a breach of contract on the driver’s part. Had the vehicle been intentionally
parked on clearly-marked private property, and, in so doing, caused the
landowner significant impediment or financial loss, then civil action for
damages might conceivably result. It would not, however, warrant criminal
proceedings, despite the company’s use of the words ‘Parking Charge Notice’
being a blatant imitation of the phrase ‘Penalty Charge Notice’ which is used
by local councils. Furthermore, no contract was made between driver and company.
A
minor point of amusement was the creeping request to know who had been driving
my car. Well, even if I know full well, I am under no legal obligation to
disclose the individual’s identity.
Of
course, if the matter did, incredibly, go to trial, then I expect the judge
would split his sides laughing at the plantiff’s ineptitude.
Most
people, I think, would understand that this is just another tedious variation
of the hit-and-hope business model. There were numerous cars parked along that
approach road. The cost of posting a letter is but a small fraction of a £100
‘fine’, so if only a tiny proportion of recipients were sufficiently frightened
into paying up, the company would still profit.
I
hereby urge the British public to be aware of this type of insidious,
money-grubbing scheme, which, for whatever reason, is not technically illegal.
I shall, sensibly, ignore this and any subsequent threat-o-grams and would recommend all readers, if similarly affected, to act likewise, in the safe knowledge that
there could be no justifiable grounds for litigation. Doubtless, though, I
shall receive a stark ‘letter before action’ in due course, followed by
heaven-knows-what-else.
My
advice to – remember the name – Vehicle
Control Services Ltd: go ahead, punks, and sue me. Let me enjoy my day in
Court. I would wipe the floor with you – and counterclaim for costs.
Copyright
© 2014 Paul Spradbery
No comments:
Post a Comment
Note: only a member of this blog may post a comment.