What's the legal position with fines issued by private parking firms?'

[Risex4]

The usual legal response is to just laugh, screw the "fine" up and miss your throw at the nearest bin.

thanks everyone, there is definitely a condenses to simply ignore. That's what I'll advise.

still it's scary to contemplate bailiffs and CCJs and everything else that runs through your head.

Bailiffs and CCJs dont even enter the equation; its not a legal action that they can bring.

They feel you've broken a contract that they laid out in return for you parking on their land. The fine isnt enforcable, they'd have to take out a civil dispute action against you and take you to a claims court to get any money out of you (much in the same way as, if for example, you'd broken something in a shop), and even then their winable 'costs' or 'damages' would be little more than the price of the parking ticket itself (argubly two if you had for example gotten a ticket for parking over two bays). The usual fine tariff of £75-£150 is a laughable rip. As said, it would be grossly cost ineffective for private car parking companies to persue this, so they dont; relying instead on the fear factor for people to cough.

NB, just a general note on this; check it is a *private* car park company and not council owned. Tickets/fines issued by the local council (and naturally the police) either in council-run car parks or on the public highway itself (i.e, roadside parking) are legally enforcable.

 

[ufkacbln]

I must admit that I have some sympathy though with indiscriminate parking.

I have friends who used to run a pub. There car park used to be full by 08:00 until about 20:00 in the evening with commuters and shoppers.

Nothing they tried could prevent the parking, and they lost thousands in lunchtime and early evening trade because real customers could not get near the car park.

If they put chains or padlocks across the entrance they were simply bolt-cropped!



Eventually they looked at a Security Firm to enforce the parking, but were advised against the process.

The final solution was to make it into a formal "short stay" pay and display car park and refund customers for the cost of parking

 

[3narf]

Don't ever pay a fine from a private company.

Join this forum: http://forums.pepipoo.com/ There are people on there who go around actively trying to get a private parking ticket just for a laugh.

 

[Manonabike]

Is this the type of fine the OP is about?

 

[jonny jeez]

I picked up a "fine" just like this in almost identical circumstances (I never stepped out the car or switched off the engine and was there for about 4 minutes).

I ignored them until about the 4th letter which became quite intimidating. I wrote back and placed a cc at the bottom to my mate who was a conveyancer (and so worked for a small legal practice) I advised them that I had no intention of paying, that I suggested they pursue whatever legal process they felt they should and that in the mean time I wish them to desist from sending me intimidating and frankly bullying letters. I also asked them to correspond with my solicitor from this point onwards.

I got an apology and confirmation that the matter was closed within about 7 days.

if your brother has household insurance then check to see if his policy offers free legal counsel (most do up to about 10k of legal advise and support), if so include their details on the letter he sends.

PS I used my household legal cover to sue Tmobile successfully, its brill, didn't cost a bean!

 

[MossCommuter]

I picked up a "fine" just like this in almost identical circumstances (I never stepped out the car or switched off the engine and was there for about 4 minutes).

I ignored them until about the 4th letter which became quite intimidating. I wrote back and placed a cc at the bottom to my mate who was a conveyancer (and so worked for a small legal practice) I advised them that I had no intention of paying, that I suggested they pursue whatever legal process they felt they should and that in the mean time I wish them to desist from sending me intimidating and frankly bullying letters. I also asked them to correspond with my solicitor from this point onwards.

I got an apology and confirmation that the matter was closed within about 7 days.

if your brother has household insurance then check to see if his policy offers free legal counsel (most do up to about 10k of legal advise and support), if so include their details on the letter he sends.

PS I used my household legal cover to sue Tmobile successfully, its brill, didn't cost a bean!

No need, as per post 12, the matter is all resolved with an apology from the parking firm

 

[jonny jeez]

No need, as per post 12, the matter is all resolved with an apology from the parking firm

Opps...I didn't see page two!

 

[3narf]

We wrote back to Aldi's (for it was they) mercenary parking thugs suggesting they contact whomever they'd entered into a contact with, ie the driver.

They wrote back and we ignored it.

 

[guitarpete247]

We got a letter from TCP, today for over-staying our welcome at ASDA in Tamworth almost 2 weeks ago. They are offering to relieve us of £30 in the next 14 days or £60 after that to 28 days. After that a further £10 admin fee or court action. We did run over the allotted 3 hours but hadn't seen the notices. We did shop there but then used some of the other shops in the same retail park (though they have separate parking areas). We overstayed our welcome by 1 1/2 hours (25 mins after the store had closed)

We intend to ignore this and also avoid ASDA in the future. Everything I've read on here and elsewhere suggest this is the action to take.

If we had seen the parking notice we would have moved the car. I have just spotted this notice, on street view, but it is at the opposite end of the car park to where we park, and have parked in the past.

 

[Black Sheep]

The two instances of a fine being issued while you were not in a space or even had turned the engine off etc

the fine claims that you've entered an agreement by parking in the car park and that part of the agreement is that you pay a fee

however, if you look in the T&C's of pretty much every car park part of the agreement is parking in a marked space - if you've not done this then there is no contractual agreement

just incase that helps someone in their argument with a company.

 

[gbb]

At the other end of the scale, i saw a guy taking his own action today against illegal (i assume) parkers at a carboot sale. His house and drive is about 1/4 mile from the entrance to the Skylark carboot (as seen on TV). Today was absolutely mental, they had a dog show on today as well, the roads were utterly blocked, people were turning round and giving up, people were parking at the side of the road and effectively turning it into a single lane...it was pandemonium.
Anyway, this guys very rural/rustic drive had about 3 or 4 cars parked in it, blocking his exit completely. Absolutely outrageous, no excuse whatsoever IMO.
He'd erected a board stating there was a £25 release fee....and parked his tractor across as many of the cars as he could.
I hope he got them...serves em right.
Me ? i parked in a layby about 3/4 of a a mile away and walked in. Layby was almost empty..lazy barstewards.