On Tue, 6 Jan 2009 10:55:23 -0000, M.I.5¾ wrote:
> "peterwn" wrote in message
> news:43eeeaa3-05f1-4b5d-900c-8a5692b55720@r15g2000prd.googlegroups.com...
>> On Jan 6, 5:39 am, Mike Harrison wrote:
>>
>>>
>>> Why not? You can only be bound by a contract if you are aware of it. If
>>> you can show that you did
>>> not read the sign ( e.g. witness, cctv or the sign being ridiculously
>>> small) then no contract can
>>> exist.
>>>
>>
>> The best sign is probably - Customer 1 hour parking - Trespassing xx
>> pounds liquidated damages. If someone blatantly parks there and
>> leaves the carpark to go elsewhere, that person ceases to have implied
>> licence to be on the land and therefore is trespassing.
>>
>> If the parking company took the keeper of the vehicle to court
>> claiming he was vicariously liable for trespass, the company may have
>> a good chance of winning and being awarded damages.
>
> Not necessarily the case. The charges may be high enough to fall foul of
> the Unfair Contract Terms legislation. They also can still be deemed to be
> a penalty. And since you described them as 'damages' they may very well
> lose because the damages that you can recover can only ever be your *actual*
> loses. Such damages are clearly limited in this case to the parking charges
> that the owner failed to collect because the parking bay was occupied. He
> has incured no other loss.
Simple really - charge $100 per hour for parking, customers get a free
hour, entry ticket and receipt checkd on exit. |