Private car park ticket for obstuction

AtreuS · 10 Dec 2007 at 14:16

The gf has just phoned me and is all upset as shes parked in a highrise carpark ( ticket paid but sucked in by the machine in order to leave ) and shes been slapped a ticket for "obstuction"... her tyre was on the white line due to the person next to her being off centre as well.

Am i right in thinking we can tell them to get stuffed? This is non council car park by the way.

Muffin` · 10 Dec 2007 at 14:17

Yeah they can GTFO.

AtreuS · 10 Dec 2007 at 14:18

What should i do? send letter saying "get stuffed!"

I assume i have to reply and deny the obstruction charge and wait to hear bacK?

Vanilla · 10 Dec 2007 at 14:18

Check out Pepipoo to be sure.

IIRC they send some nasty letters but never go to court beccause they know they can't win.

[TW]Fox · 10 Dec 2007 at 14:18

You have no legal obligation to tell them who was driving the car.

Muffin` · 10 Dec 2007 at 14:19

Just totally ignore it, don't do anything.

AtreuS · 10 Dec 2007 at 14:20

Thanks thats pretty much what i was thinking. We are used to nasty letters anyway, we had some debt problems lest year so i know all about the sort the threats they use. Quite funny at times some of them.

AM i right in thinking that there is no legal basis to make such a fine, and that they do it in order to scare money out of people who dont know their rights?

Muffin` · 10 Dec 2007 at 14:21

[TW]Fox;10658710 said:
And tell them to take their FAIL with them.

Reference for epic Fail:

Vanilla · 10 Dec 2007 at 14:23

AtreuS said:
AM i right in thinking that there is no legal basis to make such a fine, and that they do it in order to scare money out of people who dont know their rights?

Yes.

For a private company to fine you, you have to enter into an agreement and breach it. Driving into a car park is not an agreement no matter how many signs they put up - a signature is required.

So you can't breach an agreement you never accepted and they can't fine you. They rely on scare tactics and are, for the most part, successful.

AtreuS · 10 Dec 2007 at 14:24

Vanilla said:
Yes.

For a private company to fine you, you have to enter into an agreement and breach it. Driving into a car park is not an agreement no matter how many signs they put up - a signature is required.

So you can't breach an agreement you never accepted and they can't fine you. They rely on scare tactics and are, for the most part, successful.

IF however it is a council run car park are we best just paying up? she says it isnt a council one but shes all flustered so it may be afterall.

Felix Da Housecat · 10 Dec 2007 at 14:25

[DW]Muffin;10658723 said:
Image

Hahahah thats sooo funny

Nice one

Vanilla · 10 Dec 2007 at 14:28

AtreuS said:
IF however it is a council run car park am i bet just paying up? she says it isnt a council one but shes all flustered so it may be afterall.

If it is a council car park and they have you bang to rights then pay up. Appeal if you think they are wrong but don't get your hopes up - the people who answer the letters used to work for the east German Stasi before the wall fell...or so it feels.

Durzel · 10 Dec 2007 at 15:16

Vanilla said:
Check out Pepipoo to be sure.

IIRC they send some nasty letters but never go to court beccause they know they can't win.

Or it would cost too much.

I got plenty of parking tickets when I was parked in the local multistorey in my old Skyline because I worked nearby and often left it there longer than the 3 hours maximum. Ended up with about 15 of them by the time I got rid of it, they never chased it up.

Call their bluff if it comes to it, tell them you're quite happy to go to court about it.

AtreuS · 10 Dec 2007 at 16:09

Update:

Ticket was issued by "Central ticketing Ltd" is this a council carpark? the ticket doesnt seem to say anything about it but the GF said it mentioned the council on the packing ticket she bought.

[TW]Fox · 10 Dec 2007 at 16:24

The company names are usually designed to make you think they are in some way official.

Vanilla · 10 Dec 2007 at 16:25

AtreuS said:
Update:

Ticket was issued by "Central ticketing Ltd" is this a council carpark? the ticket doesnt seem to say anything about it but the GF said it mentioned the council on the packing ticket she bought.

Sounds Private, check Pepipoo.

Council ones normally say 'XX Borough Council'.

This thread might be about the same lot:

http://forums.pepipoo.com/index.php?showtopic=24941&hl=Central+ticketing

Captain Kirk · 10 Dec 2007 at 16:34

Vanilla said:
Driving into a car park is not an agreement no matter how many signs they put up - a signature is required.

So you can't breach an agreement you never accepted and they can't fine you. They rely on scare tactics and are, for the most part, successful.

I thought that there was a case when I studied a module of business law that states that a contract is entered upon when using a car park. I can't remember the case names or any other details, so I may be wrong.

Edit: google to the rescue... Thornton v. Shoe Lane Parking

Muncher · 10 Dec 2007 at 16:40

Captain Kirk said:
I thought that there was a case when I studied a module of business law that states that a contract is entered upon when using a car park. I can't remember the case names or any other details, so I may be wrong.

Edit: google to the rescue... Thornton v. Shoe Lane Parking

Yes, Vanilla is very much wrong on that point.

Captain Kirk · 10 Dec 2007 at 16:45

Woohoo, I was right on something, for once!!

Werewolf · 10 Dec 2007 at 16:56

However they send the letter to the registered keeper of the vehicle, who may or may not be the driver at the time (and may indeed not even drive*).
The contract would be with the driver at the time, and I believe the private companies do not have the legal powers to compel you to reveal the driver (that changes if you get to court and are asked who was the driver I believe - but that is pretty unlikely I suspect).

*When my mother had a mobility car she was the registered keeper, she doesn't drive.