Darth Vader Posted October 1, 2012 Share Posted October 1, 2012 I think an outright ban is the perfect way of managing private parking clampers. They're like teeth. Ignore them, and they'll go away. Link to comment Share on other sites More sharing options...
dawny1970 Posted October 1, 2012 Author Share Posted October 1, 2012 the owner of the land has to take you to court, not the parking company as they have no legal basis in law to claim monies Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
geared Posted October 1, 2012 Share Posted October 1, 2012 That would suggest to me the change may mean the tickets/invoices could become more enforceable than before. I guess we'll have to wait for a test case against new laws. I'm sure it wont be long. I'd be surprised if they took it to a test case to be honest, 'speculative invoicing' is the heart and soul of their business. They've lost the ability to clamp, but they have been given the ability to invoice the cars owner, so effectivly they can expand their business that way. If it went to a test case, and they lost then every parking company up and down the country would be out of work. They still have their cash cow and they're unlikely to do anything to upset that. Link to comment Share on other sites More sharing options...
Penistone999 Posted October 1, 2012 Share Posted October 1, 2012 According to this, although clamping has been banned, there's also more power given to private land owners to enforce parking charges. So I'm not sure if it makes things better or worse really. But the basic premise that it's illegal now to actually hold your car for ransome (using a clamp) is a step in the right direction. What it will mean is the land owner would have to take the driver to court to try to claim any losses , as the parking companies dont take people to court very often ,as when they do they always lose .But it will still remain a civil issue ,and any damages awarded by a county court would still basically have to be chased up by bailiffs on behalf of the land owner .and as is well known private bailiff companies have limited powers , IE, they cannot force entry into your home to remove goods as thats illegal, so i really cant see any landowner going to the expense of chasing motorists through the county court ,as it will be an expensive waste of time. Link to comment Share on other sites More sharing options...
Anna Glypta Posted October 1, 2012 Share Posted October 1, 2012 the owner of the land has to take you to court, not the parking company as they have no legal basis in law to claim monies Posted from Sheffieldforum.co.uk App for Android It goes way beyond that. A private company has to show that they suffered a loss as a result of your parking. So a £60 parking penalty charge is totally unenforcable. If for example a car park was charging £1.20/hour and you overstayed by 30 minutes. They can send their "penalty" notices all they want but can't force you to pay. They can take you to court and the court might say the 1/2 hour overstay caused a 60p loss to the parking company, if it were thought it prevented another paying customer from parking there. However a court could not award costs to the parking company who would spend a fortune in recovering 60p. Link to comment Share on other sites More sharing options...
Penistone999 Posted October 1, 2012 Share Posted October 1, 2012 I'd be surprised if they took it to a test case to be honest, 'speculative invoicing' is the heart and soul of their business. They've lost the ability to clamp, but they have been given the ability to invoice the cars owner, so effectivly they can expand their business that way. If it went to a test case, and they lost then every parking company up and down the country would be out of work. They still have their cash cow and they're unlikely to do anything to upset that. But any invoices sent to car owners are totally un-enforcable ,so all that will happen is more worthless invoices will be issued , more fake solicitors letters sent out and more empty threats made to try and intimidate drivers into paying these charges. Most people just ignore these parking "invoices" anyway and treat them with the contempt they deserve. Link to comment Share on other sites More sharing options...
Penistone999 Posted October 1, 2012 Share Posted October 1, 2012 It goes way beyond that. A private company has to show that they suffered a loss as a result of your parking. So a £60 parking penalty charge is totally unenforcable. If for example a car park was charging £1.20/hour and you overstayed by 30 minutes. They can send their "penalty" notices all they want but can't force you to pay. They can take you to court and the court might say the 1/2 hour overstay caused a 60p loss to the parking company, if it were thought it prevented another paying customer from parking there. However a court could not award costs to the parking company who would spend a fortune in recovering 60p. Correct, and this is the reason why these parking cowboys never take anyone to court ,and just rely on a few people feeling intimidated by their worthless threatening letters and needlessly paying up. Link to comment Share on other sites More sharing options...
Darth Vader Posted October 1, 2012 Share Posted October 1, 2012 IF I could be bothered, I'd search through the old threads and find some of the usual suspects' posts, saying, 'if you don't pay the fines (which is their speak for invoices or invitations to pay) then the parking companies will just start clamping people'. Instead, not quite as rewarding, but close, I'll just do this :hihi::hihi: Link to comment Share on other sites More sharing options...
Penistone999 Posted October 1, 2012 Share Posted October 1, 2012 Also , more good news for us motorists is that these private parking cowboys will now , by law have to change all their signs they put up in car parks they patrol, as the existing signage states that vehicles will be clamped , which is now outlawed . They wont be happy ,but who cares. Link to comment Share on other sites More sharing options...
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