Re: Private parking firms CANNOT fine you Daniel Bostock on the BBC

by Guest Wed Nov 15, 2017 10:45 pm

Hi

Shame!

Cheers!

by **daveiron** Thu Nov 16, 2017 9:09 am

If anyone has the time ,they may try looking in legal dictionaries for the definitions of 'parking','park' .
I had a browse through some a couple of weeks ago and the only definitions for parking i could find in any of them
related to selling securities .

Also Park ,the only reference re vehicles is to 'leave'.
Maybe worth asking the source of their definitions ,& can they prove you were not in the vehicle the whole time.

Ive not had the time to research any further ,maybe soon .Just something to think about.

by **LionsShare** Thu Nov 16, 2017 9:26 am

don't know if this will help.

remember reading somewhere that if the car is stopped & the engine is still running then technically it is NOT parked!

by **Society of the Spectacle** Thu Nov 16, 2017 2:13 pm

The Video is featured in this weekly breakdown, with commentary by Cips Clips,

Link,
https://youtu.be/5J7BDF1MUKE?t=1h34m15s

Note that Daniel ALMOST but not quite mentions the Difference between a MAN haveing a Claim against you and a corporation,
BUT things are already F*cked,
Because Victoria, has already Implied that All parking fines are being enforced directly By the COUNCIL,
so the Clear distinction between private companies running parking areas, is lost,

by Guest Thu Nov 16, 2017 5:08 pm

Hi

Society of the Spectacle - Who is Victoria?

Anyways, the council itself is a corporation - what have we lost exactly?

Cheers!

by **assassin** Thu Nov 16, 2017 6:15 pm

Hi Dave, check the wording carefully as often it uses the word "stop" or "stop in" when relating to yellow boxes.

by **daveiron** Thu Nov 16, 2017 6:32 pm

Hi assassin,

I was referring to parking tickets /charges in general,
are you getting mixed up with the thread on box junction penalty tickets ?

by **assassin** Thu Nov 16, 2017 6:34 pm

No, road markings in general, yellow boxes, zig zags outside schools which have no legal standing so they try it on with these and some people stupidly pay, and many other things.

by **daveiron** Thu Nov 16, 2017 6:40 pm

Sorry mate I should have made it clear, I was referring to car parks .

by **assassin** Thu Nov 16, 2017 6:56 pm

Hi Dave, no problems, the point I was making is that irrespective of it being a yellow box, a yellow line, or a car park, we have to watch the wording very carefully as they change them to suit themselves and operate on our presumptions/ interpretations/definitions of them.

by Tom Bombadil Sat Nov 18, 2017 5:56 pm

LionsShare wrote:don't know if this will help.

remember reading somewhere that if the car is stopped & the engine is still running then technically it is NOT parked!

Technically, one is 'parked ' when the handbrake is in use!

by Jinxer Sat Nov 18, 2017 6:10 pm

Tom Bombadil wrote:
LionsShare wrote:don't know if this will help.

remember reading somewhere that if the car is stopped & the engine is still running then technically it is NOT parked!

Technically, one is 'parked ' when the handbrake is in use!

That must be why it's called a parking brake. I supposed the engine would need to be switched off as well.

by Tom Bombadil Sat Nov 18, 2017 6:12 pm

There IS a legal determination.....but I dont know where I saw it!

by **assassin** Sat Nov 18, 2017 6:41 pm

Technically, one is 'parked ' when the handbrake is in use!

Mine is automatic and I never use the handbrake, that's stuffed their system.

by Tom Bombadil Sat Nov 18, 2017 6:44 pm

Well, an assassin could never stop for too long without the motor running...

by **assassin** Sat Nov 18, 2017 6:46 pm

Engine stop start systems throw up an interesting connundrum, did the driver stop the engine or did the vehicle systems stop the engine? then who do they claim against.

R V Ford Mondeo sounds an interesting case to watch, OK, lets charge the car instead.

by Jinxer Sat Nov 18, 2017 6:48 pm

assassin wrote:
Technically, one is 'parked ' when the handbrake is in use!

Mine is automatic and I never use the handbrake, that's stuffed their system.

This post reminded me of this lol. Is it a BMW Assassin.

by Tom Bombadil Sat Nov 18, 2017 6:51 pm

The reason i brought it up was because a friend o mine argued that they were not parked on the red route as the camera shows.

They won.

by **assassin** Sat Nov 18, 2017 6:55 pm

Saw the video a while ago, and its still as funny.

by Ausk Sun Nov 19, 2017 8:14 am

For the purposes of this problem, is there a difference between standing and parking?

by **andybreck** Sun Nov 19, 2017 2:13 pm

Jinxer wrote:
assassin wrote:
Technically, one is 'parked ' when the handbrake is in use!

Mine is automatic and I never use the handbrake, that's stuffed their system.
This post reminded me of this lol. Is it a BMW Assassin.

god thats well funny Laughing

by petesomething Sun Nov 19, 2017 2:19 pm

by **assassin** Sun Nov 19, 2017 7:16 pm

Ausk wrote:For the purposes of this problem, is there a difference between standing and parking?

Yes, if you are stationary you are waiting if the engine is running or not, and if the engine is off and the handbrake on you are parked.

by **LionsShare** Sun Nov 19, 2017 7:28 pm

this thread has made my day! lol!

by Ausk Wed Jan 31, 2018 8:25 am

petesomething wrote:like assassin said dont engage with them if they write back to you,

Going by some the success stories on the Aussie speeding fines website, the opposite can be quite succssful. The idea is to waste as much of their time their as one possibly can by asking questions and more questions and more questions by going through their letters with a fine tooth comb and quetioning everything they say.

What judical power do they have to issue, where did they get their judical power from? what law do they rely on for their authority are some.

Eventually they put you into the too hard basket. Suggest it works more with council parking and police speeding fines more than private car parks.

The thing I've learned about private comapnies is that they cannot levy fines (liquidted damages as they term it) because their "liquidted damages." does not confine itself actual amount lost. eg parking charge per hour divided by minutes of over stay time -?? but why have they charged x?

FWIW - No private company can fine you because they just do not have the judical power to do so. They have not been vested with the judical power of a court by the governmen who can issue fines.

Secondly; corporate entities are dead entities and there for have no juridsdicition over the living.

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