[TW]Fox;10892244 said:
Oh really?
http://www.consumeractiongroup.co.u...ffences/113218-private-parking-court-win.html
http://www.burnleycitizen.co.uk/dis...fs_called_in_after_car_park_court_victory.php
(same case)
ASDA Parent & Child parking - fine for misuse
- Thread starter molinari
- Start date
Oh really?
http://www.consumeractiongroup.co.u...ffences/113218-private-parking-court-win.html
http://www.burnleycitizen.co.uk/dis...fs_called_in_after_car_park_court_victory.php
(same case)
Do you believe Asda will follow and do the same? Would they do this and take risking years of purchasing from each customer they lose for a few pound?
![[TW]Fox](/data/man-of-honor/2009.png){kind=avatar}
Dolph I suggest you read the thread in full as it does sound rather fishy. It's not particularly difficult to 'win' a case where no defence is offered and the thoughts in the link regarding the timings make interesting reading.
The main issue is that if a contract IS formed between the driver and the landowner, then that contract is between the driver and the landowner.
The DVLA cannot provide driver details becuase they don't have that - they simply provide details of the registered keeper. Whilst Section 172 of the Road Traffic Act (1991) and Section 112 of the Road Traffic Regulation Act (1984) make it an offence for the person keeping the vehicle to fail to identify the driver, this provision applies only to police officers and appointed local council officials.
So, if as the RK you are under no legal obligation to let the Private parking company know who was driving the car, how can they ever serve a court summons on the person they formed the contract with?
Furthermore there is simply no need for these companies to take cases to court - most people think they are legal normal parking tickets and simply pay up anyway. It's cheaper and more efficient to simply ignored those clued up on the law and spend your time chasing the more gullible ones.
I dont think its a co-incidence that private parking companies tend to call their invoices 'Parking Charge Notices', which co-incidently has the same abbreviation as 'Penalty Charge Notice' - the document which most certainly IS legally enforceable.
The main issue is that if a contract IS formed between the driver and the landowner, then that contract is between the driver and the landowner.
The DVLA cannot provide driver details becuase they don't have that - they simply provide details of the registered keeper. Whilst Section 172 of the Road Traffic Act (1991) and Section 112 of the Road Traffic Regulation Act (1984) make it an offence for the person keeping the vehicle to fail to identify the driver, this provision applies only to police officers and appointed local council officials.
So, if as the RK you are under no legal obligation to let the Private parking company know who was driving the car, how can they ever serve a court summons on the person they formed the contract with?
Furthermore there is simply no need for these companies to take cases to court - most people think they are legal normal parking tickets and simply pay up anyway. It's cheaper and more efficient to simply ignored those clued up on the law and spend your time chasing the more gullible ones.
I dont think its a co-incidence that private parking companies tend to call their invoices 'Parking Charge Notices', which co-incidently has the same abbreviation as 'Penalty Charge Notice' - the document which most certainly IS legally enforceable.
Last edited:
I used to work in a Sainsbury's car park, pushing trollies. The security guards were responsible for ensuring that nobody parked for longer than 2hrs and that everyone parked where they were supposed to. Later on, this duty was outsourced to a specialist company.
When somebody parked for too long or parked in the wrong place (and got found out), they would generally get clamped. To release their car from the clamp, they would go to our front desk and speak to the whoever was in charge. Generally a charge would be levied and upon payment, the car would be released.
Some people on here are saying, "They cant do that", however, if you do get clamped, to get unclamped you have to pay up; what else can you do? Later on, you can issue court proceedings to recover the amount you paid, but at the time of the incident, you do have to pay up...
...unless of course your car is powerful enough to simply drive out of a clamp
When somebody parked for too long or parked in the wrong place (and got found out), they would generally get clamped. To release their car from the clamp, they would go to our front desk and speak to the whoever was in charge. Generally a charge would be levied and upon payment, the car would be released.
Some people on here are saying, "They cant do that", however, if you do get clamped, to get unclamped you have to pay up; what else can you do? Later on, you can issue court proceedings to recover the amount you paid, but at the time of the incident, you do have to pay up...
...unless of course your car is powerful enough to simply drive out of a clamp
full story
http://www.asda-press.co.uk/pressrelease/151
http://www.asda-press.co.uk/pressrelease/151
Provided they are licensed - they certainly CAN do this. It also avoids all the issues with the registered keeper etc etc becuase it's the driver who will come in and say 'I've been clamped'.
Clamping is entirely different to sending an invoice disguised as a parking ticket through the post several weeks later.
I have never seen so much moaning over spaces in all my life time that at car parks, I park anywhere I can find a space bar parent and child and disabled, trying to get my niece out of my sisters car means the door has to be fully open to be able to get in and get my upper body in to hold down the button to release the straps then pull them away and lift out a 2 stone + child. try doing that in a space that had 2 foot distance between the next cars door.
I think supermarkets should have more spaces for disabled and parents.
Tesco in Wigan has come under a lot of pressure to fine people for parking on the car park for FREE then walking into wigan town centre which is a 4 min walk, so the car park is always full to bursting, but they wont fine anybody, there is signs up saying 2 hours only but there is no wardens to fine people, I think they are scared of angering customers.
I think Asda will be in the same boat they wont want to anger customers by fining.
I think supermarkets should have more spaces for disabled and parents.
Tesco in Wigan has come under a lot of pressure to fine people for parking on the car park for FREE then walking into wigan town centre which is a 4 min walk, so the car park is always full to bursting, but they wont fine anybody, there is signs up saying 2 hours only but there is no wardens to fine people, I think they are scared of angering customers.
I think Asda will be in the same boat they wont want to anger customers by fining.
Last edited:
The legality of that is even open to question...
Wife drives car and get clamped in carpark. As a matter of contract the issue is between the wife and the landowner with whom she has contracted. Husband, who is the owner of the vehicle arrives, the clam is interfering with his rights of possession with his vehicle and is committing trespass upon his vehicle. He has no contractual relationship with the land owner so the clamp must be moved immediately. If it isn't he's entitled to lawfully remove it himself and sue to land owner for the cost of removal.
Non disabled people parking in disabled spaces is one of my pet hates.. I don't know why but it just annoys me when I see people doing it when I'm at the supermarket. I never park in disabled spaces or the mother and baby spaces..
Parking to get into Wigan to be fair is crap though.
That's interesting, they've had to resort to this after numerous other attempts to sort out the ignorant using reserved parking bays. I expect they'll have some clever dicks looking for a loophole in there new system to exploit any day then.
Not really, unless you want free parking then its a lot harder and dodging the traffic wardens.
yep they will
it even happens at the royal national orthopeadic hospital
wheelchairs all over the place amputees ect it has one of the leading spinal units in the contry
thats why i let tyres down
if they want to know what its like to be ****** tyres down and they are
But she has parked on someone else's land, they are offering an incentive to park on the car park but not in certain spaces, and if its not her property then the owner could claim TWOK and get the car back.
If the sign is up that is sufficient.
For example a sign that says "Vehicles staying over 2 hours will be clamped and will be released for £50. We accept no responsibility for loss or damage"
In terms of legalities upon reading the sign you are considering their offer, once you enter you have accepted it then it has become a contract.
Not without a license to clamp vehicles.
Thing is - there has been no test case in court to establish this (Notwithstanding what Dolph has posted, small claims cannot set precedence and there are some odd things about that case).
This is, obviously, how the private parking firms HOPE things work. Whether in law it's true or not is entirely a different matter. There is a huge amount of debate whether you can enter into a legally binding contract in that way.
Sure, but that hasn't addressed my point. The landowner is interfering with the owner's property rights. The owner is not party to that contract, the vehicle is being unlawfully detained. The land owner is attempting to say "I've got a dispute with another person so I'm going to hold YOUR property hostage until I've settled that."
That's the latest interpretation of the issue in my view.
I can't remember the last time I saw any clamping areas being enforced full stop.
Dont suppose you know the state of play with Courts carpark on Exeter Street perchance?