Parking ticket from Meadowhall

[gym_rat]

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. ?

 

1 - I`m not doing it to make money but I could say the first 10 hrs or free, doesnt matter for the example

 

2 - ANPR cameras I have some spare in the shed

[TJC1]

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?

 

No, not legally. Invoice what you like but It's not enforceable.

[gym_rat]

No, not legally. Invoice what you like but It's not enforceable.

 

why not? It`s no different to me coming and fitting you a carpet or the honesty boxes of chocolate we see in offices.

[Penistone999]

why not? It`s no different to me coming and fitting you a carpet or the honesty boxes of chocolate we see in offices.

 

No , when you come and fit me a carpet , i have asked you to come and fit me a carpet, IE, i have entered into a contract with you , so when you give me my invoice for the carpet fitting i will pay you. When you park in a car park ,you havnt entered into a contract with anyone, hence the unenforcable invoices.

[truman]

No , when you come and fit me a carpet , i have asked you to come and fit me a carpet, IE, i have entered into a contract with you , so when you give me my invoice for the carpet fitting i will pay you. When you park in a car park ,you havnt entered into a contract with anyone, hence the unenforcable invoices.

 

How does that work if there are exit barriers that you can only open with a valid ticket?

[barleycorn]

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?

 

Your first scenario was different from your second. Try reading again for comprehension.

Yes, you can charge for parking. No, you can't charge a penalty for overstaying.

 

jb

[alchresearch]

But if it was a hotel room that was to be vacated by 10am, you could be charged a penalty for overstaying that.

[Cyclone]

From what I've understood when I've looked at judgements against PPC companies it's not that the invoice or contract itself is unenforceable, it's that in English law penalties within a contract are not enforceable, this is why the PPCs fail in court.

If the landowner had given them the right to charge people for parking on the land and they were attempting to enforce that 'contract' then they would have a much greater chance of success.

 

---------- Post added 11-01-2013 at 10:46 ----------

 

But if it was a hotel room that was to be vacated by 10am, you could be charged a penalty for overstaying that.

 

You could be charged the standard rate for using that room for a day.

 

You couldn't be charged any kind of 'penalty' that was in excess of that.

[Penistone999]

How does that work if there are exit barriers that you can only open with a valid ticket?

 

You dont see private parking companies "Enforcing" car parks with the system you describe ,because there is no opportunity for the parking companies to issue invoices for overstaying ,so no chance of making money.

 

Two good examples are the car park at Jessops hospital and Barnsley hospital. Jessops have a car park with barriers , but their barriers automatically open when you drive up to them to exit, so you can ,for example pay £1.40 for 2 hrs parking ,stay 3 hrs ,and just drive out , so obviously there is the chance for Excel parking (who patrol that car park) to issue worthless invoices At Barnsley hospital they have a system like you described where the exit barrier wil only open when you put a valid ,paid ticket into the machine by the barrier, so you cant leave the car park unless you have paid the correct parking fee, so no chance of overstaying ,and obviously no opportunity`s for a private parking company to issue invoices, hence the reason Barnsley hospital do not have a private parking company patrolling their car park.

[Cyclone]

No, not legally. Invoice what you like but It's not enforceable.

 

This is not legal advice is it!

 

---------- Post added 11-01-2013 at 10:52 ----------

 

You dont see private parking companies "Enforcing" car parks with the system you describe ,because there is no opportunity for the parking companies to issue invoices for overstaying ,so no chance of making money.

 

Two good examples are the car park at Jessops hospital and Barnsley hospital. Jessops have a car park with barriers , but their barriers automatically open when you drive up to them to exit, so you can ,for example pay £1.40 for 2 hrs parking ,stay 3 hrs ,and just drive out , so obviously there is the chance for Excel parking (who patrol that car park) to issue worthless tickets. At Barnsley hospital they have a system like you described where the exit barrier wil only open when you put a valid ,paid ticket into the machine by the barrier, so you cant leave the car park unless you have paid the correct parking fee, so no chance of overstaying ,and obviously no opportunity`s for a private parking company to issue invoices, hence the reason Barnsley hospital do not have a private parking company patrolling their car park.

 

So if gym rat buys the rights to MH car parks, installs barriers and operates an £80 after 2 hrs charge (and the barriers won't open until you've paid), what then? (Apart from barriers broken off). That would seem to be a legal and binding situation, so long as the charges are clearly displayed when you enter the car park.