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my motorbike was lifted by removal company

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open
Trackday Trickster



Joined: 04 Apr 2011
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PostPosted: 09:57 - 23 Jan 2013    Post subject: my motorbike was lifted by removal company Reply with quote
As I said, my motorbike was parked in a Morrison's car park since Saturday and was lifted by removal company.

Company said store manager told them it was abandoned for 3 months.

£300 charges.

What to do?
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P.
Red Rocket



Joined: 14 Feb 2008
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PostPosted: 10:07 - 23 Jan 2013    Post subject: Reply with quote
Go back to the store manager, say you left it there because of the snow (if it was snowing) and ask why he lied, get it back etc..
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noobRider
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Joined: 23 Sep 2012
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PostPosted: 10:11 - 23 Jan 2013    Post subject: Reply with quote
##Paddy## wrote:
Go back to the store manager, say you left it there because of the snow (if it was snowing) and ask why he lied, get it back etc..


Also make a note of his name and complain to the head office and tell the local radio station / paper.
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TheSmiler
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PostPosted: 10:16 - 23 Jan 2013    Post subject: Reply with quote
Well the supermarket is bound to have CCTV proving that it was left their on Saturday (hopefully anyway).
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UnspeedySam
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Joined: 26 Nov 2009
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PostPosted: 10:18 - 23 Jan 2013    Post subject: Reply with quote
Hate to be devils advocate here, but did you ask permission to leave it there? Surely it is private property and if it is left there for any reason other than you doing your shopping then they can have it taken away?
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Liam_
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Joined: 26 Jul 2005
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PostPosted: 10:19 - 23 Jan 2013    Post subject: Reply with quote
you english get taken for a ride at times.

Up here that's called demanding money with menaces and is illegal.
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nowhere.elysium
The Pork Lord



Joined: 02 Mar 2009
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PostPosted: 10:22 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:
I know they have the right to fine people through a third party company
No they don't. They think they do, but they don't.
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kawakid
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Joined: 15 Mar 2005
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PostPosted: 10:24 - 23 Jan 2013    Post subject: Reply with quote
Well I thought it was made illegal in England also, last year at the same time clamping was made illegal.

The police/dvla can do it, but not private firms, unless under the instruction of the police/dvla.

Somebody surely knows more than I.
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Joncrete Cungle
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Joined: 31 Jan 2012
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PostPosted: 10:29 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:
A lot of supermarkets have this 'park in our carpark and you are entering into an agreement to leave within xxx.'

I know they have the right to fine people through a third party company, but I'm sure they can't take away your bike?

By reading my posts on BCF you have entered in to an agreement to pay me £100. I will reduce that to £60 if paid within 14 days. I will buy your IP address off korn for £2.50 and 'fine' you through third parties.

If you are dumb enough to pay a supermarket / private parking parasite are you dumb enough to pay me?

Last edited by Joncrete Cungle on 10:41 - 23 Jan 2013; edited 1 time in total
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andyscooter
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Joined: 30 May 2009
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PostPosted: 10:36 - 23 Jan 2013    Post subject: Reply with quote
the supermarket my wife works for has an hour and a half time limit on it

there carpark is run by a private company and they have cctv/anpr that tracks the car on the way in and out

it already gives the name and adress of the car owners as the police have used the system to prosicute shoplifters and have used it for spotting stolen cars

a local taxi firm used the carpark to signwrite all there cars taking 2 hours a car plus waiting time if the last one wasnt finished and every one of them got a fine
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Joncrete Cungle
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Joined: 31 Jan 2012
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PostPosted: 10:39 - 23 Jan 2013    Post subject: Reply with quote
andyscooter wrote:
the supermarket my wife works for has an hour and a half time limit on it

there carpark is run by a private company and they have cctv/anpr that tracks the car on the way in and out

it already gives the name and adress of the car owners as the police have used the system to prosicute shoplifters and have used it for spotting stolen cars

a local taxi firm used the carpark to signwrite all there cars taking 2 hours a car plus waiting time if the last one wasnt finished and every one of them got a fine


Every single one is taken to court and is ordered to pay a fine by the court?
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open
Trackday Trickster



Joined: 04 Apr 2011
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PostPosted: 10:42 - 23 Jan 2013    Post subject: Reply with quote
Thing is I've parked their regularly and never had a problem. Spoke to the manager and he said that because he saw it almost every day (even though it was used everyday).

AVC recovery Enfield have my bike 07958584884.
What do I do right now. Step by step.
If it's illegal who do I contact?
____________________
"Calamity - A more than commonly plain & unmistakable reminder that the affairs of this life are not of our own ordering."

[s]Baotian BT49qt-9 --> Honda CG125 (4 speed) '51 plate ----- 03/11/2012 Mod 2 PASSED! --> Cb500s[/s] Revoked Sad

Last edited by open on 10:45 - 23 Jan 2013; edited 1 time in total
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andyscooter
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Joined: 30 May 2009
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PostPosted: 10:43 - 23 Jan 2013    Post subject: Reply with quote
every one was owned by the one bloke who owned the company

he went into the shop demanding to speak to the manager with about 1300 quid worth of fines

the manager gave him the carpark companys name and number but dont know were it went from there
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if its spelt wrong its my fat fingers and daft auto correct on my tablet
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reed
Nearly there...



Joined: 28 Oct 2012
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PostPosted: 10:47 - 23 Jan 2013    Post subject: Reply with quote
Joncrete Cungle wrote:
Reed wrote:
A lot of supermarkets have this 'park in our carpark and you are entering into an agreement to leave within xxx.'

I know they have the right to fine people through a third party company, but I'm sure they can't take away your bike?

By reading my posts on BCF you have entered in to an agreement to pay me £100. I will reduce that to £60 if paid within 14 days. I will buy your IP address off korn for £2.50 and 'fine' you through third parties.

If you are dumb enough to pay a supermarket / private parking parasite are you dumb enough to pay me?


I didn't say i would pay it, and i have no intention of paying it if i were to get a fine, i was merely stating that the supermarket *CAN* give a fine through a third party company, no where did i mention whether or not it should be paid.
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Liam_
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Joined: 26 Jul 2005
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PostPosted: 10:49 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:
I didn't say i would pay it, and i have no intention of paying it if i were to get a fine, i was merely stating that the supermarket *CAN* give a fine through a third party company, no where did i mention whether or not it should be paid.


haha Laughing
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nowhere.elysium
The Pork Lord



Joined: 02 Mar 2009
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PostPosted: 10:49 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:
i was merely stating that the supermarket *CAN* give a fine through a third party company
No, they can't. They lack the necessary legal privilege to do so, as do the third party company.
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Joncrete Cungle
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Joined: 31 Jan 2012
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PostPosted: 10:52 - 23 Jan 2013    Post subject: Reply with quote
Quote:

I didn't say i would pay it, and i have no intention of paying it if i were to get a fine, i was merely stating that the supermarket *CAN* give a fine through a third party company, no where did i mention whether or not it should be paid.

Really? A private limited company can fine me? Shocked Are you sure?
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Liam_
World Chat Champion



Joined: 26 Jul 2005
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PostPosted: 10:53 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:


I didn't say i would pay it, and i have no intention of paying it if i were to get a fine, i was merely stating that the supermarket *CAN* give a fine through a third party company, no where did i mention whether or not it should be paid.


The Unfair Terms in Consumer Contracts Regulations 1999

In my view The Unfair Terms in Consumer Contracts Regulations 1999 apply to private parking tickets.

This is what the regulations say:

5 (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term."

This provision certainly applies to so called contracts for private parking.

More on this point to follow.

The Administration of Justice Act 1970

Section 40 is headed "Punishment for unlawful harassment of debtors"

Under Section 40 of The Administration of Justice Act 1970

(1) A person commits an offence, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

(a) harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
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I got a dig bick. You this read wrong. You read that wrong too.
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Joncrete Cungle
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Joined: 31 Jan 2012
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PostPosted: 10:54 - 23 Jan 2013    Post subject: Reply with quote
andyscooter wrote:
every one was owned by the one bloke who owned the company

he went into the shop demanding to speak to the manager with about 1300 quid worth of fines

the manager gave him the carpark companys name and number but dont know were it went from there

I do wonder if the car park company had sufficient legal interest in the land to be able to form 'contracts' with motorists?
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Joncrete Cungle
World Chat Champion



Joined: 31 Jan 2012
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PostPosted: 10:56 - 23 Jan 2013    Post subject: Reply with quote
Quote:


A supermarket can issue a fine, whether or not they have a legal standing is another matter. I could fine someone, i have no legal backing to it, however i still could. That is the point i was making.

https://www.lowestoftjournal.co.uk/polopoly_fs/blue_badge_parking_1_1662665!image/2198326117.jpg_gen/derivatives/landscape_490/2198326117.jpg


On that basis I can fine you. Have you seen the terms and conditions in my signature?
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Liam_
World Chat Champion



Joined: 26 Jul 2005
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PostPosted: 10:57 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:

https://www.lowestoftjournal.co.uk/polopoly_fs/blue_badge_parking_1_1662665!image/2198326117.jpg_gen/derivatives/landscape_490/2198326117.jpg


Read my previous post.

You cant just slap a sign up and say we are in a contract, both parties must be able to negotiate and agree to the terms.
You haven't had that opportunity to negotiate and agree so the ASSUMED contract is void.

learn your rights boy before you get shafted..... HARD
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reed
Nearly there...



Joined: 28 Oct 2012
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PostPosted: 11:02 - 23 Jan 2013    Post subject: Reply with quote
UrbanRacer wrote:
Reed wrote:

https://www.lowestoftjournal.co.uk/polopoly_fs/blue_badge_parking_1_1662665!image/2198326117.jpg_gen/derivatives/landscape_490/2198326117.jpg


Read my previous post.

You cant just slap a sign up and say we are in a contract, both parties must be able to negotiate and agree to the terms.
You haven't had that opportunity to negotiate and agree so the ASSUMED contract is void.

learn your rights boy before you get shafted..... HARD


I agree with what you are saying.

The point i am trying to get across is that they can do the physical act of putting up a sign and putting a ticket on your window saying 'you must pay us x amount.'

I am not however saying that they can legally do this, or that it is in any way a legally binding contract or agreement, because i know it is not.
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Joncrete Cungle
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Joined: 31 Jan 2012
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PostPosted: 11:04 - 23 Jan 2013    Post subject: Reply with quote
Reed wrote:



I agree with what you are saying.

The point i am trying to get across is that they can do the physical act of putting up a sign and putting a ticket on your window saying 'you must pay us x amount.'

I am not however saying that they can legally do this, or that it is in any way a legally binding contract or agreement, because i know it is not.


If you know this why do you keep using the word fine?
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