How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

, I used to run an outdoor fitness business that used

Resolved Question:

Hello,
I used to run an outdoor fitness business that used a couple of local parks. I was told by the council there would be no charge for this when I started; then within weeks they contacted me to say there was now a fee!
The amount they asked for was very high and I told them I couldn't afford it. After discussions; they halved it and I started to pay on a quarterly basis.
After a year the invoices stopped. At the time, there was hardly any money being generated by the business and I just continued the sessions assuming there was a new policy in place (a little naive I know!).
Over a year of no invoices and they send me an invoice for the full amount! The money coming in does not justify the fees, so I stop the sessions immediately...but the council still want to be paid!
My question is; do I have to pay them if I have never signed a contract with them agreeing to these charges??
Thanks for your time,
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer:

Hi Ben, what do you think?

Ben Jones :

Even though you may never have signed a written contract, a binding contract is likely to be in place. The law does not require anything in writing for a contract to be legally enforceable – it can be implied in any event, if certain requirements were met. These are an offer, an acceptance and some consideration. There was an offer because the council offered you to use their premises for a fee, you accepted it, even if you did o verbally, and there is consideration – you started to use the parks. So a contract would most likely be in place anyway. The fact that they did not invoice you does not mean that the contract had ended or it was changed, especially if there was no specific agreement that they will have to continue invoicing you for the fees to be levied. In all likelihood you would be liable for the continuing fees to cover the time you had used the park, but as it was their fault that they had not invoice you for such a long time then you can approach them to try and agree a periodic repayment plan, rather than having to pay a lump sum as they want you to. Also if you wanted to risk it you could refuse to pay and see what they do – they cannot force you to unless they take you to court and win – so if at any stage it becomes apparent they may want to go to court and you do not want to defend the case here, just contact them and offer payment again.

Customer:

Shit! So I am liable even if there was no signed agreement then. Would you advise chancing it? They have offered a payment plan; but it is still a significant monthly amount. I'm not earning anything from the business at all at the moment.

Ben Jones :

oh yes a written agreement is certainly not needed for there to be a legally binding contract. It is difficult to say whether to risk it or not - no one knows what their intentions are and how likely it is they will pursue it. You may wish to try and negotiate a more reasonable repayment plan first and remind them it was their failure to invoice you that ha resulted in these fees accruing

Customer:

Ok Ben, thanks.

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice