Parking fine.

[Paul.]

Re: Parking fine.

Well sorry if the sign was clear that it was free for 2 hours only - then 2 hours only it is (we have a few free bays around like that near where I work at weekends and they are very clearly marked Mon-Sat 9.30-5.30 - permit holders or 2 hours free but no return within a 4 hour period).

Paul I noticed you said about contacting the shop (if it was a shop carpark?) I was wondering about this as our local M and S used to have free parking for first hour. They then changed it to 50p (but you get that back on your shopping) but when they changed over there was a big sign as you went in saying - please not changes to parking charges and M and S do not accept any repsonbility for people getting clamped/charged ou need to contact the parking company (obv was worded a bit better than that)

well thing is it M&S are the land owners then that would be nonsense, as its usually the owners of the land who engage the parking company on their behalf.

Also, basic customer service comes into play, you want me to shop there you bloody well look after me springs to mind,

Also one has to consider if your vehicle is clamped in error, then there may well be a tort committed which you may be able to sue for.

[LooLoo]

Re: Parking fine.

well thing is it M&S are the land owners then that would be nonsense, as its usually the owners of the land who engage the parking company on their behalf.

Also, basic customer service comes into play, you want me to shop there you bloody well look after me springs to mind,

Also one has to consider if your vehicle is clamped in error, then there may well be a tort committed which you may be able to sue for.

thanks paul so basically their sign means "JACK"

I have just stopped parking there and go to one of the free bays in the street and walk a few yards - job done

So can i ask - what happens now to Oscar's friends?

[Paul.]

Re: Parking fine.

thanks paul so basically their sign means "JACK"

I have just stopped parking there and go to one of the free bays in the street and walk a few yards - job done

So can i ask - what happens now to Oscar's friends?

Well it depends really on what happens to the individual case as to what can be done etc. Each case turns on its own facts.

It is clear though that you cannot enforce a penalty for a breach of contract, so in essence that is what they are trying to do here it seems, i doubt they will get anywhere with Os friends

[swanfan]

Re: Parking fine.

I'm sure this is not going to be a popular comment.... but hey ho

Well i agree with u Loo.

Your friends overstayed, pay the fine.

[CleverClogs (RIP)]

Re: Parking fine.

Your friends overstayed, pay the fine.

It isn't a fine.

[swanfan]

Re: Parking fine.

It isn't a fine.

The thread name suggests otherwise.

[Paul.]

Re: Parking fine.

no its a penalty clause for a breach of contract

[pompeyfaith]

Re: Parking fine.

LooLoo,

Just a search for parking eye will give all the info as to who is right in regards to parking on private land, there is also a report by watchdog on this and other such companies.

Regards

[garlok]

Re: Parking fine.

I have been graced with the great favour of having a Blue Badge. Which to be honest I use generally only when I need to. However there is one county in Wales, yes Gwynnedd that does make charges even for those with the Blue Badge. I know there is a lot of abuse of these things but in one town (Stafford) where I expected the "iron fist" of the parking warden when I could not find a normal space, the wardens were particularly helpful in finding me a spot and took great delight in telling me that Stafford make no charges for those registered disabled with the badge.

regards
Garlok

[pompeyfaith]

Re: Parking fine.

However there is one county in Wales, yes Gwynnedd that does make charges even for those with the Blue Badge.

As do the NHS

[CleverClogs (RIP)]

Re: Parking fine.

However there is one county in Wales, yes Gwynnedd that does make charges even for those with the Blue Badge.

As do the NHS

I understand that Westminster Council also disregards the Blue Badge scheme, so it clamps and removes cripples' motor cars just as their parking goons might please.

[Paul.]

Re: Parking fine.

Well you will there for have lots of paper to paper your loo with

Personally I can't stand selfish arrogant people who think they can park where they want and sod everyone else

Such a nice attitude to live your life by

i wonder what is hard to pay for your parking? why do you think you are so special and you should get it for nothing?

welll

Id refer to the ruling of Lord Cheif Justice Parker in the case of Davis vs Heatley.

Even if a line or sign looks like a sign of that type, if it does not comply with the strict formalities of the law, then no enforcement can be allowed

this applied in a motoring case, where the defendant was accused of crossing a hatched line when the line didnt comply with the law,


If the restriction is invalid you can park there without fear of conviction.

Heres a good website to look at

RMB Consulting

Ive spoken with Richard many times, he is a top bloke and the uks leading expert arguably.

[Never-In-Doubt]

Re: Parking fine.

Thread reopened for updates. Do not let's carry on with past comments - please guys.

Oscar, it's all yours matey

[oscar]

Re: Parking fine.

another letter recieved from Debt Recovery Plus Ltd (Recovery, investigation and bailiff services )

They first accuse owner of being driver, then ask if vehicle has been sold, then ask for name and address of driver - quoting BPA CoP - "the courts do not look favourably on motorists or consumers who try to withold information from the operators when it has been asked for with genuine, reasonable and proper cause"

Also "this matter may (may being the operative word?) be passed to our solicitor for County Court proceedings"

Assume this is safe to ignore as well?

[Paul.]

Re: Parking fine.

another letter recieved from Debt Recovery Plus Ltd (Recovery, investigation and bailiff services )

They first accuse owner of being driver, then ask if vehicle has been sold, then ask for name and address of driver - quoting BPA CoP - "the courts do not look favourably on motorists or consumers who try to withold information from the operators when it has been asked for with genuine, reasonable and proper cause"

Also "this matter may (may being the operative word?) be passed to our solicitor for County Court proceedings"

Assume this is safe to ignore as well?

Question

Who was the driver at that time ? the owner? and were they the registered keeper or a third party?