Meadowhall Retail Park car parking megathread

[Nicesheff]

The Police and council can't fine you. Only a court can do that.

 

Incorrect

 

The police can give you a fixed penalty notice (a fine) for say speeding.

 

Council wardens can give you PCN (penalty charge notice) for incorrect parking etc on council property/roads etc (basically a fine).

[John X]

You might consider the "contract" unfair and non existent, they intend it to act as a deterrent to people who would park without permission.

 

Err... no they don't.

 

If the deterrent worked and nobody parked there without permission, how do you think the parking company would earn their money???

 

John X

[Bonjon]

Actually, I think you have a moral obligation NOT TO PAY. By paying you would be condoning the extortionate charges, threats, and genuine distress that the parking companies cause many people, just out to make a quick buck for producing nothing, like parasites. I think morally, you have a duty to support the victims of these companies, that's why I go a step further and do not use ANY business that use parking companies. If everyone did this, the businesses that use them would be forced to think again.

 

My bold, how are they victims? They parked where they are not allowed and where signs are present advising them not to. Did they not have a choice in this?

[Cynic]

If they can't legally enforce these "fines" what can they legally do to stop people parking on their land without permission? Is it different to someone parking on a private drive?

[Lockjaw]

You're right, they should just clamp the car and charge £25 for the cost of having to employ staff and a clamping van. Or maybe they should just have it towed off their property and left on the nearest highway.

 

You might consider the "contract" unfair and non existent, they intend it to act as a deterrent to people who would park without permission.

 

Hi Cyclone. You make fair points, as usual, but I think you've inadvertantly argued the case against the parking company there.

 

If, as you suggest, they genuinely wished to deter people from parking without permission then they would do as you say and employ staff to clamp the cars and then charge the actual cost of doing so to remove said clamp.

 

Since they choose not to follow this course of action it is reaonable to assume that that's because there's no profit in it for them and, therefore, that the charges are not intended as a deterrent.

[Flowersfade]

Simply ignore the letter.

Centertainment parking is used by other people too its hard finding a empty space

[John X]

Just on a quick legal note here, if you intend not to pay the 'fine', DO NOT contact the issuers of the ticket even to say you won't be paying it.

 

Contacting them in any way, can be construed as accepting their right to issue the ticket. This has been used in court.

 

Basically either pay it, or bin it and forget about it.

 

John X

[Bonjon]

Simply ignore the letter.

Centertainment parking is used by other people too its hard finding a empty space

 

So thats an excuse to tresspass?

 

.

[Lockjaw]

Hi Bonjon.

 

 

 

Do you have a drive, if so when i'm in the area ill come and park there, would you be ok with that?

 

If you parked on my drive and it was causing me any inconvenience I'd

ask you to move. If you didn't I'd use whatever avenues were legally

available to me to force you to move. I would not present

you with an arbitrary "fine" and then attempt to deceive you into paying

up by bombarding you with letters pretending I was going to take you

to court. That would be dishonest and, effectively, fraud.

 

 

Oh and back to the legality of the 'fines' or whatever you wish to call them, people are being taken to court and it only takes the parking company to have 1 win and then they will take everyone who decided to ignore these 'parking charges' to court.

 

Interesting.

 

Can you provide a link to back up this claim?

[Lockjaw]

So thats an excuse to tresspass?

 

.

 

No it isn't. Trespass is an offence.

 

There are ways to deal with trespass.

 

If the company acquired an injunctive relief order against the offender and said offender continued to trespass then the trespasser would be in contempt of court and liable to prosecution.

 

No problems there and, I might add, I do not condone trespassing (though the mass trespasses on Kinder way back when turned out to be for the greater good but that's irrelevent here ... or is it?). I do, however, take issue with companies who make vast amounts of money by tricking the uninformed into paying so-called fines that they are not legally required to. Compensation can be claimed from a trespasser but it can only be equal to the costs / losses incurred which, in a free car park = 0p unless you wish to calculate the cost of the unlawful wear and tear caused by the car, for instance, remaining in the same place for an extra hour...

Edited February 22, 2010 by Lockjaw