Re: Unfair Parking Fine - Can I appear in court for my Dad?



On 14 Nov, 18:41, Derek Geldard <im...@xxxxxxxxxxxxxxxxxx> wrote:
On Fri, 14 Nov 2008 06:11:51 -0800 (PST), ceres

<domino_the...@xxxxxxxxxxx> wrote:
On 14 Nov, 12:25, Derek Geldard <im...@xxxxxxxxxxxxxxxxxx> wrote:
On Fri, 14 Nov 2008 03:26:02 -0800 (PST), ceres

<domino_the...@xxxxxxxxxxx> wrote:
They're not acting illegally. They just have no legal basis to enforce
payment.

If they're not acting illegally then why are you objecting to them?

Oh they are acting illegally if they issue "penalty" notices which
serve to give the impression they have official legal status.

If they're acting illegally, there are ways that can be dealt with,
via Trading Standards or the Police.

I'm just assuming the police CBA. It's not an issue for trading
standards, they would however be involved with unfair contract terms
issues.

If they're acting legally, why are you complaining?

No "If" about it. The notice I got was not legally issued. A crime
took place when it was issued.

Then get it dealt with through the usual channels that deal with
illegal activity. I don't condone any illegal action.


The Administration of Justice Act 1970.
Section 40 of the act provides that a person commits an offence if,
with the object of coercing another person to pay money claimed from
the other as a debt due under contract, he or she:
(a) harasses the other with demands for payment which by their
frequency, or the manner or occasion of their making, or any
accompanying threat or publicity are calculated to subject him or his
family or household to alarm, distress or humiliation;
(b) falsely represents, in relation to the money claimed, that
criminal proceedings lie for failure to pay it;
© falsely represent themselves to be authorised in some official
capacity to claim or enforce payment;
(d) utters a document falsely represented by him to have some official
character or purporting to have some official character which he knows
it has not.

Your point being?
.



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