Dave Eastwood (Gadgetman) - Club Chairman Posted November 12, 2013 Share Posted November 12, 2013 From research done earlier in the year, (and that I'm a bit hazy about now!) It's not reasonable. They are not aloud to fine you, only seek recompense for losses (and possibly costs?). £100 is a penalty and extremely hard to justify in terms of simply lost revenue. 1 Quote Link to comment Share on other sites More sharing options...
WestyNottm Posted November 12, 2013 Share Posted November 12, 2013 Here is official guidance: If you park on private land, such as a supermarket car park or a privately owned multi-story car park, you will have entered into a contract with the landowner. If there are signs displayed in the car park setting out rules for using the car park, then these are the terms of the contract. If any of these rules are broken, then the car park owner can take steps to enforce them. There is often a parking operating company managing the car park for the owner or landlord. Quote Link to comment Share on other sites More sharing options...
jay.perry Posted November 12, 2013 Share Posted November 12, 2013 yes, but only the land owner can actually take the issue as far as court, not the agent and when it gets to court it has got to be proven that the charge is actually a genuine pre estimate of loss otherwise it is deened a penalty which cannot be enforced under contractual law. If you are paying someone to manage your spaces i would check the contract to see how much authority they have. Quote Link to comment Share on other sites More sharing options...
bhouse Posted November 12, 2013 Share Posted November 12, 2013 Here is official guidance: If you park on private land, such as a supermarket car park or a privately owned multi-story car park, you will have entered into a contract with the landowner. If there are signs displayed in the car park setting out rules for using the car park, then these are the terms of the contract. If any of these rules are broken, then the car park owner can take steps to enforce them. There is often a parking operating company managing the car park for the owner or landlord. Official guidance from whom? Quote Link to comment Share on other sites More sharing options...
WestyNottm Posted November 12, 2013 Share Posted November 12, 2013 I believe that, being private land, and providing it is made clear by the posting of signs, that a contract is being entered into by anyone parking there. The issue of loss doesn't come into it. Arguably it is no different to a third party parking on someone's private driveway. I acknowledge the point that 'it was only for a few minutes' but I can absolutely assure you that I have heard that several times in one day during which time I am denied from parking in own space! Quote Link to comment Share on other sites More sharing options...
WestyNottm Posted November 12, 2013 Share Posted November 12, 2013 Official guidance from whom? The Protection of Freedoms Act 2012 Quote Link to comment Share on other sites More sharing options...
Nick Algar - Competition Secretary Posted November 12, 2013 Share Posted November 12, 2013 I believe that, being private land, and providing it is made clear by the posting of signs, that a contract is being entered into by anyone parking there. The issue of loss doesn't come into it. Arguably it is no different to a third party parking on someone's private driveway. I acknowledge the point that 'it was only for a few minutes' but I can absolutely assure you that I have heard that several times in one day during which time I am denied from parking in own space! Really feel for you losing your 2 spaces, is it not possible to put the barriers that collapse onto the ground in front of them to stop other people ? Quote Link to comment Share on other sites More sharing options...
archersam Posted November 12, 2013 Share Posted November 12, 2013 pepipoo is useful, in fact awesome for council tickets. For speculative invoices from Private Parking Companies you are better off on the moneysavingexpert forum parking board as it is a bit more user friendly. The general approach now is: - if you got a windscreen ticket then wait for the notice to keep arrive in the next X days - soft appeal to the parking company and request POPLA code - appeal to POPLA with assistance of MSE forum folks and beat the ticket Get over to MSE and have a read of the threads on the parking sub forum. I also feel sorry for you losing your paid for spaces but the use of a PPC to apply heavy handed tactics which are only related to income generation for them and about control of parking is not the way to deal with it. Quote Link to comment Share on other sites More sharing options...
WestyNottm Posted November 12, 2013 Share Posted November 12, 2013 Unfortunately, due to the layout of the car park with adjacent spaces, collapsible bollards aren't practical without running the gauntlet of possible claims due to others hitting them when manoeuvering because of visibility issues Quote Link to comment Share on other sites More sharing options...
WestyNottm Posted November 12, 2013 Share Posted November 12, 2013 pepipoo is useful, in fact awesome for council tickets. For speculative invoices from Private Parking Companies you are better off on the moneysavingexpert forum parking board as it is a bit more user friendly. The general approach now is: - if you got a windscreen ticket then wait for the notice to keep arrive in the next X days - soft appeal to the parking company and request POPLA code - appeal to POPLA with assistance of MSE forum folks and beat the ticket Get over to MSE and have a read of the threads on the parking sub forum. I also feel sorry for you losing your paid for spaces but the use of a PPC to apply heavy handed tactics which are only related to income generation for them and about control of parking is not the way to deal with it. Without wishing to be too contentious, how else can the trespass be dealt with? I have ample signage which states that the spaces are private, are monitored 24 hours and that there are 'no exceptions'. The problem is that, with respect, everyone who parks there thinks that they are an exception! Quote Link to comment Share on other sites More sharing options...
bhouse Posted November 12, 2013 Share Posted November 12, 2013 The Protection of Freedoms Act 2012 Thanks! Quote Link to comment Share on other sites More sharing options...
JulianE Posted November 13, 2013 Share Posted November 13, 2013 Not necessarily any help to you but : My wife overstayed on a carpark at Dunelm managed by Euro Car Parks , we had a £90 bill through later for being 15 minutes over the two hour limit advertised . I was obviously pretty unhappy about this and after establishing she hadn't been elsewhere and had stayed there shopping and then coffee shop etc at the store I called the store up (not Euro Car Parks). They said it happens all the time and creates them real problems , they took down details and I never heard a peep again . Quote Link to comment Share on other sites More sharing options...
s2rrr Posted November 13, 2013 Share Posted November 13, 2013 At the end of the day if we all parked considerately we wouldn't need to be discussing this would we. There are numerous case of people being ripped off by these parking companies one of which had my MP down his neck to sort, which it was, but in the new culture of car abandonment wherever you wish, then its no surprise that people get nicked. I sympathise with WestyNottm as he has shelled out his hard earned for those two spaces to have them "stolen" by casual parkers. But the likes of the huge supermarkets may in some cases be having a laugh, just trying to generate more cash for the faceless companies who run them. Inconsiderate parking boils my p*ss but its not going to be stopped by me or the ever reducing numbers of people who do give a toss. Join the club and park where you want, I'm only going to be a couple of minute mate. Yeh right. I actually had a parking warden advise me how to manage a parking stay slightly longer than the sign allowed on Saturday, maybe its the grey hair or the fact that I asked for his advice and he turned out to be reasonable, probably a one off, but did the job. Bob Quote Link to comment Share on other sites More sharing options...
Dave Eastwood (Gadgetman) - Club Chairman Posted November 13, 2013 Share Posted November 13, 2013 It's that funny handshake you gave him Bob. 1 Quote Link to comment Share on other sites More sharing options...
echoz Posted November 13, 2013 Author Share Posted November 13, 2013 The thing is, the sign say i will have to pay a fine. Also, I have never seen a sign explain that it is actually a contract. And I was always under the impression that fines were a penalty for breaking a law, and I never broke any law, I just parked somewhere a sign said i should have a permit for. i didnt cause any harm or distress or any inconvieniance as no one else was in the car park, so im not entirely sure what i have been fined for! I started out on a bike, so never had to pay for parking, I thuink its stupid taht i have to pay to park my car, so i try to avoid it, and here i am. I just think £100 os a complete scam! Quote Link to comment Share on other sites More sharing options...
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