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[feeutfo]

....for parking outside white lines, took 2 bays allegedly... as the bays are too small, i have a bad back, and i am sick to death of dings in my doors. The fact that the rest of the car park is 70% empty doesnt count of course

now i havent posted this for a discussion on people paking in 2 bays, more on the legalitys of issueing a ticket for parking on a private (not council owned) piece of land, reason being...

the internet is full of forum threads advising to ignore the later received demand for 90 sobs on gronds that they have no legal right to do so... in fact the demand could be consisered harassment. But it seems the best course of action appears to be to ignore it as it will cost them too much to enforce in court.

It does stink of BS imho.....

[richardirv]

I can't help you on the legalities but I do sympathise, I think most people have done this in the past, especially if the car park is half empty. Its always sods law, you park up in a space in a half empy car park and when you come back to your car there is always some numpty closely parked next to you when they had dozens of other spaces to choose from. Its annoying. 

[theowletman]

I got one for leaving a car in McDonalds for more than 90 minutes, no I wasn't inside having 6 Big Macs before anyone asks.

[Gaffers]

I got one for leaving a car in McDonalds for more than 90 minutes, no I wasn't inside having 6 Big Macs before anyone asks.

Yeah you haven't got past the magic 5 yet have you?  It will come one day my padewan, have patience..... 

[Kevin Wood]

I did see some advice on this a while back. In pepipoo or somewhere, I believe. http://www.pepipoo.com/

I believe the consensus was either to ignore them or tell them to shove it. Can't remember which. It certainly wasn't to write a cheque.

They way I see it - they haven't clamped your car, you haven't angle-grindered their clamp so if you don't pay the onus is on them to drag you through the courts. They might write a couple of snottograms threatening to do so, but I doubt any more will come of it.

Kevin

[The Red Baron]

same sort of thing happened to me in b&q. parked up, went into the store looking for paints, bought a couple of sample pots. walked up town to get more cash, got back & had a £60. ticket on the screen.manager said i hadnt been in the store until he saw the reciept. told him to shove his ticket up his nose. there loss, bought the paint elswhere.

[Kevin Wood]

Just checked and the advice on pepipoo appears to be to ignore all correspondence.

Kevin

[feeutfo]

it does seen to be the norm to ignore. The net is full of similar, however i am aware that if you look long and hard enough on the internet you will find something or someone who will tell you exactly what you want to hear. Thing is i have yet to see any basis for this "ledgaly ignoring what would appear to be an ilegal demand for money"approach.

 Is the demand illegal? As they(forums mostly) say it is? Cant see it as being illegal as such who would have the forsight to right a law for that.

Spoke to my ledgal advice line and they advise the usual hard line approach. You enter into a contract by parking there. Chocolate tea pot she was. Not interested in the fact you have to park to see the sign in the first place and reading is impossible while your moving along in the car, bloody dangerous in fact.

[Mr Skrunts]

Would have thought with it being a private area then if there is an intention to issue a ticket then it should be up on a board somewhere to point it out to make it legal.

other wise we are open to all sorts of cons.

[Kevin Wood]

it does seen to be the norm to ignore. The net is full of similar, however i am aware that if you look long and hard enough on the internet you will find something or someone who will tell you exactly what you want to hear. Thing is i have yet to see any basis for this "ledgaly ignoring what would appear to be an ilegal demand for money"approach.

 Is the demand illegal? As they(forums mostly) say it is? Cant see it as being illegal as such who would have the forsight to right a law for that.

Spoke to my ledgal advice line and they advise the usual hard line approach. You enter into a contract by parking there. Chocolate tea pot she was. Not interested in the fact you have to park to see the sign in the first place and reading is impossible while your moving along in the car, bloody dangerous in fact.

 

I think the point is that, despite the fact that they word their demands as "fixed penalty notices", etc. Demands from private parking companies are a world apart from demands resulting from traffic offences on the public highway.

You enter into a civil contract when you park there, true. However, it requires them to take you to court to enforce that contract and the terms have to be reasonable.

If you can show, for example, that your bad parking didn't cost them 90 quid you would stand a good chance of winning. You could probably also argue that the terms of the contract were not clear at the time you entered into it (there'll be some small print hidden on a lamp post somewhere in the car park but can you reasonably be expected to have noticed it?).

In most cases, they know that the odds are stacked against them should they choose to take it to court - so they won't.

Kevin

[feeutfo]

it does seen to be the norm to ignore. The net is full of similar, however i am aware that if you look long and hard enough on the internet you will find something or someone who will tell you exactly what you want to hear. Thing is i have yet to see any basis for this "ledgaly ignoring what would appear to be an ilegal demand for money"approach.

 Is the demand illegal? As they(forums mostly) say it is? Cant see it as being illegal as such who would have the forsight to right a law for that.

Spoke to my ledgal advice line and they advise the usual hard line approach. You enter into a contract by parking there. Chocolate tea pot she was. Not interested in the fact you have to park to see the sign in the first place and reading is impossible while your moving along in the car, bloody dangerous in fact.

 

I think the point is that, despite the fact that they word their demands as "fixed penalty notices", etc. Demands from private parking companies are a world apart from demands resulting from traffic offences on the public highway.

You enter into a civil contract when you park there, true. However, it requires them to take you to court to enforce that contract and the terms have to be reasonable.

If you can show, for example, that your bad parking didn't cost them 90 quid you would stand a good chance of winning. You could probably also argue that the terms of the contract were not clear at the time you entered into it (there'll be some small print hidden on a lamp post somewhere in the car park but can you reasonably be expected to have noticed it?).

In most cases, they know that the odds are stacked against them should they choose to take it to court - so they won't.

Kevin

Indeed, a gamble.... At least would seem as much having so little experience of this issue. Seems less so after reading yours and so many posts elswhere.
Again, as we come down to it, and as with bank charges, the charge is not reasonable....

Thanks Kev, clarity of thought as always. :-)

[Lizzie_Zoom]

it does seen to be the norm to ignore. The net is full of similar, however i am aware that if you look long and hard enough on the internet you will find something or someone who will tell you exactly what you want to hear. Thing is i have yet to see any basis for this "ledgaly ignoring what would appear to be an ilegal demand for money"approach.

 Is the demand illegal? As they(forums mostly) say it is? Cant see it as being illegal as such who would have the forsight to right a law for that.

Spoke to my ledgal advice line and they advise the usual hard line approach. You enter into a contract by parking there. Chocolate tea pot she was. Not interested in the fact you have to park to see the sign in the first place and reading is impossible while your moving along in the car, bloody dangerous in fact.

 

I think the point is that, despite the fact that they word their demands as "fixed penalty notices", etc. Demands from private parking companies are a world apart from demands resulting from traffic offences on the public highway.

You enter into a civil contract when you park there, true. However, it requires them to take you to court to enforce that contract and the terms have to be reasonable.

If you can show, for example, that your bad parking didn't cost them 90 quid you would stand a good chance of winning. You could probably also argue that the terms of the contract were not clear at the time you entered into it (there'll be some small print hidden on a lamp post somewhere in the car park but can you reasonably be expected to have noticed it?).

In most cases, they know that the odds are stacked against them should they choose to take it to court - so they won't.

Kevin

In my time of running retail superstores I had to employ a car park management company to ensure others  who were not our customers weren't  using our parking areas.

To legally enforce any charges on vehicles that were clamped we legally had to clearly sign post our whole car park area with large warning notices informing users of our regulations and the action we would take over any misuse.

B&Q car parks would have to conform with the same legal stipulations.  If they are not, they cannot enforce any penalty issued.  It simply would not be upheld by any solicitor or court as their action is not legal.

[Kevin Wood]

Indeed, a gamble.... At least would seem as much having so little experience of this issue. Seems less so after reading yours and so many posts elswhere.
Again, as we come down to it, and as with bank charges, the charge is not reasonable....

Thanks Kev, clarity of thought as always. :-)

Believe me, I'm no legal expert. Just regurgitating what I've been told by friends who are.

Kevin

[HolyCount]

Just a thought -- and probably right up the wrong tree -- but doesn't a contract have to have a consideration changing hands to make it binding ? if you, for instance, rent somewhere rent free (oh to be so lucky) to bind the contract a small consideration has to change hands -- usually a peppercorn (where "peppercorn rent" comes from).

[amigov6]

B&Q & any other store have thier own rules & regs but this is only within thier own myopic "empire" & is not covered by civil or legal law. Do they have signs up in the car park telling you otherwise? No of course not. They're trying it on.
    Ignore any correspondence, they're relying on the weak minded to shell out or p*ssing up your back & telling you it's raining. They have no legal right & i would'nt give them a brass farthing. What are they gonna do?....break all.