barleycorn Posted January 10, 2013 Share Posted January 10, 2013 I've no idea..how can you tell the difference? What is the purpose of the car park? Is it to earn money from people parking or is it to provide free parking for people using the local shops? When you enter into a contract to park there are three stages 1) The offer 2) Acceptance of the offer 3) Consideration of the offer. In free car parks the offer is that you will park for free for say 2hrs AND use the local shops and then leave. There is no monetary consideration as the consideration is that you will use the local shops to generate income. Any charges which amount to grossly disproportionate amounts for a breach of say a 2 hr limit, whether it be by 1 minute or 5 hrs are penalties because their intent is to scare you from parking there for longer. For pay to park car parks the offer is that you can park for free for 30min and then pay against a clear paying structure, for example: upto 30 min free upto 1hr £2 upto 2hr £3.5 etc, Here you have a clear pricing structure which is not intended to scare you out of parking longer than the 30min, indeed the 30 min is offered to entice you to use their car park rather than a competitors which does not have this offer. jb ---------- Post added 10-01-2013 at 16:41 ---------- so, when you said I was wrong - I wasn`t, you were? no, the only difference is the one you can see. Really? I suggest you go back over the thread, read up on penalty charges and then get back to me as now you're just making yourself look silly (you may also want to familiarise yourself with the unfair terms in consumer contracts regulations 1999) jb Link to comment Share on other sites More sharing options...
truman Posted January 10, 2013 Share Posted January 10, 2013 What is the purpose of the car park? Is it to earn money from people parking or is it to provide free parking for people using the local shops? When you enter into a contract to park there are three stages 1) The offer 2) Acceptance of the offer 3) Consideration of the offer. In free car parks the offer is that you will park for free for say 2hrs AND use the local shops and then leave. There is no monetary consideration as the consideration is that you will use the local shops to generate income. Any charges which amount to grossly disproportionate amounts for a breach of say a 2 hr limit, whether it be by 1 minute of 5 hrs are penalties because their intent is to scare you from parking there for longer. For pay to park car parks the offer is that you can park for free for 30min and then pay against a clear paying structure, for example: upto 30 min free upto 1hr £2 upto 2hr £3.5 etc, Here you have a clear pricing structure which is not intended to scare you out of parking longer than the 30min, indeed the 30 min is offered to entice you to use their car park rather than a competitors which does not have this offer. jb It's the second option..30 mins free to enable you to pick someone up from the station....if I had a car park I'm not sure why I couldn't give 2 hours free and then charge what I wanted for any longer stays...I don't understand why I can't charge what I want to for a commodity I'm selling..in this case parking..would it be different if I charged a high rate from the start of parking? Link to comment Share on other sites More sharing options...
barleycorn Posted January 10, 2013 Share Posted January 10, 2013 It's the second option..30 mins free to enable you to pick someone up from the station... I was speaking more in general, for all I know a condition of qparks getting to site their car park there was that it offered a drop off/pick up service for people using the station). ... if I had a car park I'm not sure why I couldn't give 2 hours free and then charge what I wanted for any longer stays...I don't understand why I can't charge what I want to for a commodity I'm selling..in this case parking..would it be different if I charged a high rate from the start of parking? It would depend, ultimately it would be for a judge to decide. A consideration would also be whether it was pre-paid, ticketed at entry etc. A couple of examples: 1) 2 hours free then £80 pounds regardless of whether it was 2hrs 1min or 5hrs. This would be counted as a penalty charge but ultimately it would be for a judge to decide. I, for one, would bet my left testicle that they would deem it so. 2) 2 hrs free then £20 per hour afterwards. I wouldn't pay that amount, in some areas it would be considered usual. Good luck to anyone challenging it. 3) 2 hrs free then £80 per hour afterwards. More of a grey area I think and would depend on a judges interpretation into whether it was intended as a deterrent to staying over 2 hrs. I don't understand why I can't charge what I want to for a commodity I'm selling..in this case parking..would it be different if I charged a high rate from the start of parking? Ultimately you can charge whatever you want for a commodity. If you had a car park and you wanted to charge £80 per hour then you could do so... I doubt you would get many people parking there though. jb Link to comment Share on other sites More sharing options...
Penistone999 Posted January 10, 2013 Share Posted January 10, 2013 Its because the council are able to do this as its governed by statute Correct , the council CAN use the courts to force people to pay , unlike PPC`s ---------- Post added 10-01-2013 at 19:14 ---------- I`m not asking about the court ruling - I have just bought a bomb site in town, are you seriously saying I cannot charge parking? You can charge for parking , but if you employ a private parking company to monitor and enforce the car park any invoices issued by them for over staying a parking time will be worthless. You as the landowner could take the motorist to a small claims court for your Losses , which may be ,say £5 , but is it worth it . ? Link to comment Share on other sites More sharing options...
gym_rat Posted January 10, 2013 Share Posted January 10, 2013 Really? I suggest you go back over the thread, read up on penalty charges and then get back to me as now you're just making yourself look silly (you may also want to familiarise yourself with the unfair terms in consumer contracts regulations 1999) jb oh right, someone asks a question and gets an answer, i ask the same question first and get a totally different answer and you say I`m the one who is lost? simple answer please - can I charge for parking on my land or not? ---------- Post added 10-01-2013 at 19:53 ---------- Correct , the council CAN use the courts to force people to pay , unlike PPC`s ---------- Post added 10-01-2013 at 19:14 ---------- You can charge for parking , but if you employ a private parking company to monitor and enforce the car park any invoices issued by them for over staying a parking time will be worthless. You as the landowner could take the motorist to a small claims court for your Losses , which may be ,say £5 , but is it worth it . ? yes I know about not using a PPC and can see the position there but now, do you not see where your argument might fall down? whats to stop the landlord upping the charge for parking (after the free period) to an amount that is worth collecting? ---------- Post added 10-01-2013 at 19:55 ---------- It's the second option..30 mins free to enable you to pick someone up from the station....if I had a car park I'm not sure why I couldn't give 2 hours free and then charge what I wanted for any longer stays...I don't understand why I can't charge what I want to for a commodity I'm selling..in this case parking..would it be different if I charged a high rate from the start of parking? were both saying the same thing, I guess you too are looking at it from a businessman perspective. Link to comment Share on other sites More sharing options...
Eckolad Posted January 10, 2013 Share Posted January 10, 2013 gym rat you can charge what you like for parking Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
gym_rat Posted January 10, 2013 Share Posted January 10, 2013 gym rat you can charge what you like for parking Posted from Sheffieldforum.co.uk App for Android thank you. Link to comment Share on other sites More sharing options...
Eckolad Posted January 10, 2013 Share Posted January 10, 2013 wheather people pay it is another matter Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
gym_rat Posted January 10, 2013 Share Posted January 10, 2013 wheather people pay it is another matter Posted from Sheffieldforum.co.uk App for Android so my new business venture is to lease the car park from British land or whoever now owns MH. I`m going to turn it into a pay and display with clearly readable signs on entry and through out, basicly a big NCP with staff etc I`m going to say though, there is no charge for the first two hours then a fixed charge of £80 to park for the next 22hrs. Now, I can charge you £80 if you stay longer than 2hrs quite legally what have I missed? Link to comment Share on other sites More sharing options...
Penistone999 Posted January 10, 2013 Share Posted January 10, 2013 so my new business venture is to lease the car park from British land or whoever now owns MH. I`m going to turn it into a pay and display with clearly readable signs on entry and through out, basicly a big NCP with staff etc I`m going to say though, there is no charge for the first two hours then a fixed charge of £80 to park for the next 22hrs. Now, I can charge you £80 if you stay longer than 2hrs quite legally what have I missed? 1/ no one would stay longer than the first 2 hrs obviously, so your business would very quickly go bust. 2/how would you enforce this charge without putting in entry and exit barriers. ? Link to comment Share on other sites More sharing options...
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