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  • Supermarket Carparks

    This is an experience I had once when helping out a friend.

    We had gone to town to do some shopping. We shopped at Sainsburys and then walked the 5 minutes to the town centre for some lunch.
    When we got back, there was what appeared to be a parking ticket on the windscreen because we had been longer than 2 hours.
    The company issuing the parking "ticket" was called Euro Carparks. Some digging around online found a few forums which all seemed to point to one thing.....the "ticket" is not a parking ticket at all. It's an invoice for breach of contract. The driver of the vehicle enters into a contract when parking.
    The driver is not necessarily the owner of the vehicle, as was the case with my friend. Her other half had driven because she was feeling unwell.
    After much reading, I advised my friend to ignore the ticket to start with. Eventually in the post came a letter saying something along the lines of "We got your details from DVLA and you owe us X amount".
    She wrote to them saying that whilst she is the owner of the vehicle, she was not the driver at the time the invoice was issued and therefore had no obligation to pay it.
    Another letter arrived saying they would take her to court if she did not pay up and would incur further costs. She then wrote to them saying again that she was not the driver and that she had lent it to her partner. She also said that she had asked us who was driving but neither of us could remember.
    She had yet another letter turn up giving her one last chance to pay or face legal action.
    She replied, telling them to stop harassing her and she looked forward to seeing them in court where she would be claiming legal fees and loss of earnings.

    Now, I am not saying you should do this, but it did work. The only thing that could have scuppered her would have been cctv, luckily, there was none

    The invoices are made to look almost like a parking ticket issued by the local authority to try and fool people into thinking some sort of law has been broken. Should you get one, read it carefully and have a good look online for information on the company that issued it.

    mick

  • #2
    Re: Supermarket Carparks

    Absolutely! Unless the ticket is issued by a Council or Police it isn't really a parking ticket.

    Honest John in the Telegraph often has letters about this type of situation. http://www.telegraph.co.uk/motoring/...king-fine.html . When it happened to me (in a supermarket car park) I did a bit of digging and realised it wasn't quite what it seemed, so I ignored the "ticket" and they didn't even contact me.

    DVLA is getting a bit of stick over all this because they will release owner details to all sorts of companies - so drivers are getting harassed like this. I am sure I've read recently that there's a private members' bill about it in the offing.
    Niddified and proud!

    Fought and won the UE battle, thanks to Niddy and this forum...
    SB since 2016. Now have my life back!

    (I used to be MustGetStraight but I've lost a "t")

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    • #3
      Re: Supermarket Carparks

      I know that it has been a while since a post on this but I have only just read it and thought that I'd put in my two penneth. I had virtually the same situation - parked at the supermarket whilst working over the road, was 15 mins over the 4 hours allowed. Returned to move the car, ticket was applied which was made to look like an official ticket. I went online and retrieved the image that the attendant had taken which was time stamped. Fine, I said, nut the time stamp only shows one time, obviously. They wrote back saying, No, you were there longer than you should have been so pay up. I ignored them and they haven't contacted me since. That was just over two years ago so I somehow don't think that they are going to do anything now. I looked at the time and read up about it. My take is that the most they can legally claim for is the loss of revenue, ie. any parking charge, say £1 per hour. If any company tries to suggest otherwise they are trying to pull a fast one

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      • #4
        Re: Supermarket Carparks

        It is best if these parking fines are filed away and ignored 100%. The OP states a contract is made when you enter the car park. This is actually totally untrue. A contract is a two way thing, and cannot be inflicted on another party, so no contract as such exists.

        If you totally ignore these fines, you will get a string of increasingly nasty letters until they realise that nothing they are doing is eliciting any response, then they move onto easier prey. If you look closely at the wording you will find it is a 'Parking Charge Notice' not a 'Penalty Charge Notice.' They are clever as both are PCN's and they make Parking Charge Notices look as close as they can to Penalty Charge Notices to try to make people pay them.

        The website Pepipoo is the authority on this.

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        • #5
          Re: Supermarket Carparks

          Originally posted by BBoo View Post
          It is best if these parking fines are filed away and ignored 100%. The OP states a contract is made when you enter the car park. This is actually totally untrue. A contract is a two way thing, and cannot be inflicted on another party, so no contract as such exists.
          One might have hoped that the parking parasites would have got their fatuous claims checked out by a lawyer. Even the bloke down the pub 'who seems to know about the law' could have told them that, for a contract to exist, there must be an offer of consideration from both sides.

          If you totally ignore these fines, you will get a string of increasingly nasty letters until they realise that nothing they are doing is eliciting any response, then they move onto easier prey. If you look closely at the wording you will find it is a 'Parking Charge Notice' not a 'Penalty Charge Notice.' They are clever as both are PCN's and they make Parking Charge Notices look as close as they can to Penalty Charge Notices to try to make people pay them.
          The notices are not fines.

          However, it may be a criminal offence to represent such scams as a legal enforceable fine, just as it may be an offence to make the 'PCN' notice affixed to one's motor-car look like the PCN used by a local authority.

          Comment


          • #6
            Re: Supermarket Carparks

            Originally posted by CleverClogs View Post
            The notices are not fines.
            Fussy bugger!

            Anyway, one of them is a fine! The other isn't.

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            • #7
              Re: Supermarket Carparks

              Originally posted by BBoo View Post
              Fussy bugger!

              Anyway, one of them is a fine! The other isn't.
              No, as neither is a fine.

              The official Penalty Charge Notice can be enforced as a civil debt and would once have been a fine imposed by a magistrates' court, but neither that nor the trumped-up 'Parking Charge Notice' is a fine and cannot, therefore, result in one being committed to gaol for failure to pay.

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              • #8
                Re: Supermarket Carparks

                Originally posted by CleverClogs View Post
                One might have hoped that the parking parasites would have got their fatuous claims checked out by a lawyer. Even the bloke down the pub 'who seems to know about the law' could have told them that, for a contract to exist, there must be an offer of consideration from both sides.


                The notices are not fines.

                However, it may be a criminal offence to represent such scams as a legal enforceable fine, just as it may be an offence to make the 'PCN' notice affixed to one's motor-car look like the PCN used by a local authority.
                No consideration in Scotland.

                M1

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                • #9
                  Re: Supermarket Carparks

                  Originally posted by mystery1 View Post
                  No consideration in Scotland.
                  Are you saying that Scots are inherently inconsiderate?

                  Comment


                  • #10
                    Re: Supermarket Carparks

                    Originally posted by CleverClogs View Post
                    No, as neither is a fine.

                    The official Penalty Charge Notice can be enforced as a civil debt and would once have been a fine imposed by a magistrates' court, but neither that nor the trumped-up 'Parking Charge Notice' is a fine and cannot, therefore, result in one being committed to gaol for failure to pay.
                    You are, I believe, partially correct. Only some areas have de-criminalised parking offences, othes have not.

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                    • #11
                      Re: Supermarket Carparks

                      Originally posted by mystery1 View Post
                      No consideration in Scotland.

                      M1
                      Agreed, the Scots utilise the gratuitous contract which basically means one can impose terms on the other.....

                      Strange though, as I would use English case law to defend this, remember

                      * sorry just messing
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                      • #12
                        Re: Supermarket Carparks

                        I was informed a number of years ago that the ONLY enforceable parking tickets are issued by either the Council or the Police. ANY other "so called" PARKING TICKET can be filed in the BIN. Don't worry about the amount of letters, with varying degree of threat. There is not a single thing they can do to enforce it. They are mearly private companies trying it on.

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                        • #13
                          Re: Supermarket Carparks

                          Originally posted by Up2MyEyes View Post
                          I was informed a number of years ago that the ONLY enforceable parking tickets are issued by either the Council
                          Hmmm, don't be fooled by this old wives tale...... :niddy
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #14
                            Re: Supermarket Carparks

                            Originally posted by Never-In-Doubt View Post
                            Hmmm, don't be fooled by this old wives tale...... :niddy
                            Quite.

                            Most councils employ numpties to issue the tickets.

                            Comment


                            • #15
                              Re: Supermarket Carparks

                              Originally posted by CleverClogs View Post
                              Quite.

                              Most councils employ numpties to issue the tickets.
                              If they issue them at all.

                              There is a council run car park right opposite the JC+ in Havant and the amount of people that park up and run in to sign on without paying the 70p is unbelievable I watched 6 do it this morning while waiting for my son.

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