Could pay, won't pay

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Fnaar

Smutmaster General
Location
Thumberland
Lots of complaints about the charges at the hospital I use.

No big deal for me, I can afford to pay for my occasional out patient appointments.

But were I, say, on regular visiting duty for weeks or months I might think differently.
Mrs F works in a hospital... and has to pay parking charges in order to go to work. She has to take the car, as she needs it to travel between appointments for her job. Often to other hospitals. Where she also has to pay to park. Grrrrr......
 

midlife

Legendary Member
Mrs F works in a hospital... and has to pay parking charges in order to go to work. She has to take the car, as she needs it to travel between appointments for her job. Often to other hospitals. Where she also has to pay to park. Grrrrr......

But she will be paid mileage to travel between hospitals..........

Shaun
 

Fnaar

Smutmaster General
Location
Thumberland
And she can reclaim the parking charges for parking at the other hospitals (but not her own) - she should be claiming those and mileage from her employer. Alternatively, she can claim it back via HMRC.
I pointed that out to her recently, but she said there is a very elaborate get out clause which means the employer doesn't have to pay it back. I can't remember the details, tbh. Will look into the hmrc thing. Cheers.
 
OP
OP
Pale Rider

Pale Rider

Legendary Member
That isn't the case.

There are lots of web-sites and forums where all sorts of claims are made about defences for failing to pay for parking/overstaying - some of them have been repeated on here - but the law is quite clear. You can be charged for parking on private land as long as the terms of the contract are made clear - usually by the display of a notice or notices. You can be asked to pay damages should you overstay if those were allowed for in the contract . The damages must be proportionate. The courts have upheld claims for damages from private parking providers. IIRC, one judge effectively said it should be calculated on several multiples of the daily parking rate - I'll see if I can find the reference.

Railway car parks are slightly different. Although these are mainly operated by private parking firms, they are normally operated on behalf of the relevant rail operator and are subject to specific bye-laws.

You cannot enter into a contract simply by driving past a sign - whatever the sign says.

A contract with a private person has to go through stages, offer, consideration, acceptance, and often a cooling off period.

The signs are, at best, no more than an offer.

The alternative is to treat the parking as a trespass or tort, to quote: "a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability".

It matters not, given there is no penalty at court for either, simply damages.

If parking is free, as in my case under discussion, it's difficult to see what damages can be reasonably awarded.

As regards courts upholding claims, they may have done but one might have thought some cases would be immediately apparent online.

The parking companies like people to believe this as part of their intimidation tactics, so the parking companies would trumpet the cases, even if no one else did.

I did find a county court case from a few years ago which went against the motorist, but he was parking regularly all day, partly blocking the entrance to a church.

What I have never found is a court case involving a private ticket for an over stay of a few minutes.
 
OP
OP
Pale Rider

Pale Rider

Legendary Member
I get a little bit bored with motorists bleating on about the injustices they face. Sorry if this offends.

No bleating here.

Again, quite the reverse.

If you are bored, don't bother reading the thread or posting on it.
 

cd365

Guru
Location
Coventry, uk
I've dealt with a few of these, never let anyone pay yet. Once they kept sending demands every 6 months, my final straw was sending them a hefty bill for my time (it wasn't my fine, I was helping out so it was in the other persons name) and telling them to stop harassing me or I will go to the police. Never heard a peep since.
 
I'm not a motorist, I'm a cyclist in a car.

You've got something like this, then, eh! ;)

https://www.electricbike.com/twike/

3104168619_c004cbd288.jpg
 
OP
OP
Pale Rider

Pale Rider

Legendary Member
Has anyone mentioned Barry Beavis's case yet?
http://www.bbc.co.uk/news/uk-england-essex-33610816
Mr Beavis has taken his case to the Supreme Court, after he didn't like the verdict of the Court of Appeal. I can't find mention of the outcome.

What appears to be a sensible summary of the Court of Appeal case here:

http://www.parkingcowboys.co.uk/parkingeye-vs-beavis/

It appears the appeal to the Supreme Court has been heard, and the judgment is expected before the end of the year.

I see the parking company is claiming 'commercial justification' for, in this case, £85 for an over stay.

The Court of Appeal side stepped commercial justification - didn't rule on it - but still found against Beavis.

He was unrepresented at that court, but did have equal legal firepower - a QC - at the Supreme Court.

If the parking company wins at the Supreme Court they will, understandably, use that ruling to intimidate drivers in other cases.

As will the other parking companies.

I'm surprised the parking company rolled over quite so quickly in my case.

It appears lots of other cases are in the pending tray, awaiting the outcome of Beavis.

Private tickets will be a lot harder to resist if Beavis loses.

I wouldn't be surprised if the Supreme Court declares a score draw - 'you have to pay something, Mr Beavis, but £85 is a bit steep'.
 
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