Meadowhall Retail Park car parking megathread

[BarryRiley]

It's a bit grey isn't it..you could say that by parking you are using a service..and the sign forms an agreement between you and the service provider..I don't know...just thinking out loud..

 

Even if it did form a contract though, they would only be able to claim for what they have lost from you using their service and not paying them (which would be awarded in court along with associated costs).

 

If you stole £10 of petrol from a BP garage they couldn't claim £5627 from you (or £1527 if you paid within 14 days)

[truman]

Even if it did form a contract though, they would only be able to claim for what they have lost from you using their service and not paying them (which would be awarded in court along with associated costs).

 

If you stole £10 of petrol from a BP garage they couldn't claim £5627 from you (or £1527 if you paid within 14 days)

 

I suppose theft is a different matter..the courts could fine you or lock you up ..what if part of the contract (sign) said that as a condition of using the car park you agree to either pay the parking fee (whatever it is per hour) or agree to not overstay (2hrs max for example) otherwise you will agree to a charge of £80 or whatever being invoiced to you..don't get me wrong I'm not supporting the parking companies..it's just a discussion about it..

[Cyclone]

I'm not entirely sure. Maybe it's the fact that at a petrol you are taking goods which evidently forms an agreement between yourselves and the person supplying the goods.

 

Isn't taking up a space in a car park for a length of time exactly the same?

[Cyclone]

It's a bit grey isn't it..you could say that by parking you are using a service..and the sign forms an agreement between you and the service provider..I don't know...just thinking out loud..

 

Otherwise you could argue that in the NCP they are holding you hostage because they won't open the barrier until you pay.

It's not like you've signed anything to agree to pay, so it's no different apart from having a barrier that stops you exiting.

[barleycorn]

I suppose theft is a different matter..the courts could fine you or lock you up ..what if part of the contract (sign) said that as a condition of using the car park you agree to either pay the parking fee (whatever it is per hour) or agree to not overstay (2hrs max for example) otherwise you will agree to a charge of £80 or whatever being invoiced to you..don't get me wrong I'm not supporting the parking companies..it's just a discussion about it..

 

That would be considered a very thinly veiled penalty clause.

 

jb

[BarryRiley]

Otherwise you could argue that in the NCP they are holding you hostage because they won't open the barrier until you pay.

It's not like you've signed anything to agree to pay, so it's no different apart from having a barrier that stops you exiting.

 

You couldn't argue that they are holding you hostage. They are holding your goods, not yourself. You could easily exit the car park without your car.

[Cyclone]

That would be considered a very thinly veiled penalty clause.

 

jb

 

 

Lots of NCPs have a variable charge that depends on how long you stay.

 

It isn't considered a penalty clause then... How much are they allowed to set the 2+ hrs charge at before someone believes it's a penalty charge?

 

Meadowhall retail park should put a large sign up at the entrance, Cinema Parking £25.

That wouldn't be a penalty as there is no part of the contract for it to be the penalty for. It's just very expensive parking, which is perfectly legal AFAIK.

[BarryRiley]

Isn't taking up a space in a car park for a length of time exactly the same?

 

Yes, absolutely. The owner of the car park can legally charge you for the amount they lost because of you taking up the parking space, or alternatively thy could claim damages for trespassing. Land owners should be able to do this - after all, it's their land

 

The issue is that it's an unrelated company which is claiming an unconnected amount of money for themselves which they are not legally entitled to.

 

It would be like you driving off of BP's forecourt without paying for the petrol and me turning up at your door for a completely different amount of money despite having nothing to do with it.

[BarryRiley]

Lots of NCPs have a variable charge that depends on how long you stay.

 

It isn't considered a penalty clause then... How much are they allowed to set the 2+ hrs charge at before someone believes it's a penalty charge?

 

Meadowhall retail park should put a large sign up at the entrance, Cinema Parking £25.

That wouldn't be a penalty as there is no part of the contract for it to be the penalty for. It's just very expensive parking, which is perfectly legal AFAIK.

 

It would be business suicide but yeah they could. G24 couldn't though.

[barleycorn]

Lots of NCPs have a variable charge that depends on how long you stay.

 

It isn't considered a penalty clause then... How much are they allowed to set the 2+ hrs charge at before someone believes it's a penalty charge?

 

Meadowhall retail park should put a large sign up at the entrance, Cinema Parking £25.

That wouldn't be a penalty as there is no part of the contract for it to be the penalty for. It's just very expensive parking, which is perfectly legal AFAIK.

 

It's really quite simple, if the charge for overstaying is greater than their actual loss then it is a penalty clause.

In a free car park there is no loss so no enforceable charge.

In a car park which charges for parking then any charge should be proportional to the length of time of the overstay. So an overstay of 5 min in a car park at £1/hr should attract a fee of 8.3p.

 

jb