Resend my activation email : Register : Log in 
BCF: Bike Chat Forums


does a car park company have the right to fine me ?

Reply to topic
Bike Chat Forums Index -> Dear Auntie BCF...
View previous topic : View next topic  
Author Message

colin1
Captain Safety



Joined: 17 Feb 2005
Karma :

PostPosted: 21:43 - 20 Aug 2009    Post subject: does a car park company have the right to fine me ? Reply with quote

I parked in a disabled bay in a car park outside a shop in a large shopping centre, thinking I could nip in and out before anyone noticed.

I did not notice signs saying that there may a fine for parking in a disabled bay.

I got a letter in the post demanding money, and when I went back to look, there were signs.

They are talking about a debt collection agency.

However, I'm wondering if they even have a legal right to my money, or if they just get away with asking for donations pretending they have the authority to fine people.

They have a photo of my car in the disabled bay.
____________________
colin1 is officially faster than god
 Back to top
View user's profile Send private message You must be logged in to rate posts

MattHirst
World Chat Champion



Joined: 25 Jun 2006
Karma :

PostPosted: 21:50 - 20 Aug 2009    Post subject: Reply with quote

Of course they have the right to fine you. You blatantly parked in a car park space that you weren't allowed to park in Rolling Eyes

Its people like you that REALLY wind me up. Get it all the time at ASDA in the town where i live. No offence to asians but it is always the asians that park there without a blue badge.
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

Dr. DaveJPS
World Chat Champion



Joined: 24 May 2008
Karma :

PostPosted: 22:00 - 20 Aug 2009    Post subject: Reply with quote

yes but they have a right as you are not displaying a ticket:

direct.gov wrote:
There is a difference in privately owned car parks. Charges and conditions of use in off-street car parks are a contractual matter between the car park owner and the motorist. Enforcement of disabled persons' parking bays is therefore a matter for the individual owner or operator of the car park.

If a non-disabled motorist has parked in a bay reserved for disabled people in a private car park, for example a supermarket, an employee of the store can ask the driver to move their car from the reserved space, but they cannot legally insist on it.

If you think that people are unfairly parking in bays reserved for disabled people, speak or write to the management of the store or car park.

____________________
"intelligent inattention is preferable to unintelligent tinkering"
www.davejps.com
 Back to top
View user's profile Send private message You must be logged in to rate posts

colin1
Captain Safety



Joined: 17 Feb 2005
Karma :

PostPosted: 22:13 - 20 Aug 2009    Post subject: Reply with quote

DaveJPS wrote:
yes but they have a right as you are not displaying a ticket:

direct.gov wrote:
There is a difference in privately owned car parks. Charges and conditions of use in off-street car parks are a contractual matter between the car park owner and the motorist. Enforcement of disabled persons' parking bays is therefore a matter for the individual owner or operator of the car park.

If a non-disabled motorist has parked in a bay reserved for disabled people in a private car park, for example a supermarket, an employee of the store can ask the driver to move their car from the reserved space, but they cannot legally insist on it.

If you think that people are unfairly parking in bays reserved for disabled people, speak or write to the management of the store or car park.


its nothing to do with tickets

yes i know im a morally wrong evil person for depriving disabled people of convenient parking, but i'm asking about whether the car compay has a legal right to fine me. The disabled do seem to get a disproportiately high number of spaces allocated to them, which is why they are always vacant, while its often hard to find a space elsewhere.
____________________
colin1 is officially faster than god
 Back to top
View user's profile Send private message You must be logged in to rate posts

Stoo
PoshBoy



Joined: 11 May 2006
Karma :

PostPosted: 22:20 - 20 Aug 2009    Post subject: Reply with quote

Unless it is a council car park it is little more than an invoice.

https://www.ticketfighter.co.uk/private.htm

Personally I would have no problem if someone had slashed your tires if you had denied a disabled person the space though.
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

lllN30lll
World Chat Champion



Joined: 12 Jun 2005
Karma :

PostPosted: 22:24 - 20 Aug 2009    Post subject: Reply with quote

It's always people "just nipping in" Rolling Eyes
____________________
Turbo R1
CRF450R
 Back to top
View user's profile Send private message You must be logged in to rate posts

Dr. DaveJPS
World Chat Champion



Joined: 24 May 2008
Karma :

PostPosted: 22:24 - 20 Aug 2009    Post subject: Reply with quote

had a brief read of that link unclestoo but interestingly have found this:



DFT wrote:
However, it is the Department's view that it is also possible in law for the owners of a private car park to agree with the local authority that a parking place order be made in respect of that car park. Conditions of use can then be enforced as if it were a local authority car park, with penalties or excess charges levied on offenders. Such an agreement, which would enable the local authority to make an order regulating the use of the disabled persons' parking spaces or the entire car park, does not require the land to be transferred by sale or lease to the local authority. Parking not authorised under the terms of the order, for instance, parking in reserved spaces would be an offence. To be effective, any arrangement along these lines would naturally require commitments from the local authority in terms of enforcement activity.

____________________
"intelligent inattention is preferable to unintelligent tinkering"
www.davejps.com
 Back to top
View user's profile Send private message You must be logged in to rate posts

Ste
Not Work Safe



Joined: 01 Sep 2002
Karma :

PostPosted: 22:26 - 20 Aug 2009    Post subject: Reply with quote

There are lots of disablist parking spaces because it'd defeat the point if in each town there were just a few since the spaces need to be spread around which results in there being lots of them.

Probably worth asking on pepipoo to see if there are any specific legal requirements that have to be met in order for the owners to hand out fines. But basically, it's their car park therefore their rules apply.

Might be worth trying writing to the shop, as the parking enforcement company will be something to do with them (directly or indirectly), I doubt they want customers being fined even if the customer was parked incorrectly for a short period of time and I'm sure you only parked there due to there being no normal spaces available. Wink
 Back to top
View user's profile Send private message You must be logged in to rate posts

colin1
Captain Safety



Joined: 17 Feb 2005
Karma :

PostPosted: 22:30 - 20 Aug 2009    Post subject: Reply with quote

I would never have thought of writing to the shop. Interesting approach and worth a shot.

You are right, that there were no other spaces.
____________________
colin1 is officially faster than god
 Back to top
View user's profile Send private message You must be logged in to rate posts

colin1
Captain Safety



Joined: 17 Feb 2005
Karma :

PostPosted: 22:31 - 20 Aug 2009    Post subject: Reply with quote

unclestoo wrote:
Unless it is a council car park it is little more than an invoice.

https://www.ticketfighter.co.uk/private.htm

Personally I would have no problem if someone had slashed your tires if you had denied a disabled person the space though.


rest assured that there were vacant disabled bays before and after, so no disabled folk were denied

that link seems to back up what i thought.

the fact that they doubled the fine for not paying quickly made me think their keennes for quick payment meant that given time people might realise they didnt have to pay or something
____________________
colin1 is officially faster than god
 Back to top
View user's profile Send private message You must be logged in to rate posts

mistergixer
World Chat Champion



Joined: 15 Jun 2005
Karma :

PostPosted: 22:49 - 20 Aug 2009    Post subject: Reply with quote

It's Colin the cashpoint cripple.

Wink
____________________
Space Monkey #7
Don Eladio is dead. His capos are dead. You have no one left to fight for. Fill your pockets and leave in peace. Or fight me and die!
Mistergixer's videos on YouTube
 Back to top
View user's profile Send private message Visit poster's website You must be logged in to rate posts

Mudskipper
World Chat Champion



Joined: 22 Aug 2006
Karma :

PostPosted: 22:53 - 20 Aug 2009    Post subject: Reply with quote

colin1 wrote:
You are right, that there were no other spaces.


If there were no other spaces, then there were no spaces available to you.

No excuse for nicking spazbays colin. Thumbs Down
____________________
CBR125|||GSXR400|||CBR400|||CBR400|||CB250RS|||GSXR750|||CB250RS Mr. Green
"You're clumsy, you eat too much and you behave like a 12 year old boy. But you know what? Every once in a while, you find a thumb."
 Back to top
View user's profile Send private message Send e-mail You must be logged in to rate posts

stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
Karma :

PostPosted: 23:09 - 20 Aug 2009    Post subject: Reply with quote

Worst they can do is take you to court, then you cough up.

I've been throwing letters from debt collection agencies about SORN penalties in the bin for over three years now. Letters are all I've had, I suspect it's all they do. They threaten court action then give up, plenty more fish in the sea and easier to catch.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
 Back to top
View user's profile Send private message You must be logged in to rate posts

Ste
Not Work Safe



Joined: 01 Sep 2002
Karma :

PostPosted: 07:53 - 21 Aug 2009    Post subject: Reply with quote

On the subject of clamping or fines for parking on private land:

https://news.bbc.co.uk/1/hi/uk/8212776.stm
 Back to top
View user's profile Send private message You must be logged in to rate posts

The Shaggy D.A.
Super Spammer



Joined: 12 Sep 2008
Karma :

PostPosted: 10:33 - 21 Aug 2009    Post subject: Reply with quote

It's one of this week's MoneySavingExperts posts :-

https://www.moneysavingexpert.com/reclaim/private-parking-tickets
____________________
Chances are quite high you are not in my Monkeysphere, and I don't care about you. Don't take it personally.
Currently : Royal Enfield 350 Meteor
Previously : CB100N > CB250RS > XJ900F > GT550 > GPZ750R/1000RX > AJS M16 > R100RT > Bullet 500 > CB500 > LS650P > Bullet Electra X & YBR125 > Bullet 350 "Superstar" & YBR125 Custom > Royal Enfield Classic 500 Despatch Limited Edition (28 of 200) & CB Two-Fifty Nighthawk > ER5
 Back to top
View user's profile Send private message You must be logged in to rate posts

UnknownStuntm...
World Chat Champion



Joined: 13 Sep 2007
Karma :

PostPosted: 13:38 - 21 Aug 2009    Post subject: Reply with quote

Whenever I see someone gaily jaunting out of their car they've just parked in a 'spazbay' (Mudskipper - Thumbs Up ) to the shop entrance I always think

"You know, just because they don't outwardly display their disability doesn't mean they aren't disabled in some 'other' way."

Maybe sometimes I think this out loud too.
 Back to top
View user's profile Send private message You must be logged in to rate posts

yen_powell
World Chat Champion



Joined: 22 Jun 2008
Karma :

PostPosted: 14:02 - 21 Aug 2009    Post subject: Reply with quote

If shops want to keep disabled bays just for disabled people then they should put them as far way from the entrance as possible....Especially when it's raining and I'm in a hurry!

Having said that, don't even bother to acknowledge the letter demanding money. If you absolutely have to answer them (but as I said, you shouldn't), just write and say you weren't the driver at the time and you're not telling them who was so 'nah nah nana-na'.
____________________
Blackmail is a nasty word........but not as nasty as phlegm!
XT1200Z and a DR350 in bits
 Back to top
View user's profile Send private message You must be logged in to rate posts

Faldo
World Chat Champion



Joined: 05 Aug 2007
Karma :

PostPosted: 14:05 - 21 Aug 2009    Post subject: Reply with quote

Must admit that I don't like it when my friends park in 'Spazbays' either, but cowboy ticketing companies piss me off even more.

Martin Lewis' website wrote:
Unlike official parking tickets, when on private land, it is the DRIVER, not the owner, who is liable, because a contract to park is formed between the landowner and the driver.

An invoice landing on your doormat may be the first you know of a parking ticket, but it’s no reason to feel alarmed. The most important thing to understand is ...

... the driver is liable and you're not obliged to disclose who was driving.

If you weren’t the driver simply state that, as the owner, you're not liable for any costs, and you're not prepared to state who was driving and are under no obligation to do so. Hopefully, that'll get the message across and they won’t contact you again. It’s best to do this in writing so you have a record of what was said.



Question is, who were the ticketing firm working for? If they are working for the shopping centre they may have access to CCTV which proves you were driving. Is there any CCTV focused on where you were parked though....?
____________________
Current: ZZR1400
Previous: ZXR 400 L9, ZX-7R P5, ZZR 400, ZX-7R P6, Bandit 600, GSXR 750 Slingshot, DRZ400, DR650, ZX10R C1H, ZXR 750 L1, ZXR 750 L3, '99 ZX7R P4, KTM 300 EXC, ZX-9R E1, TDM850
 Back to top
View user's profile Send private message You must be logged in to rate posts
Old Thread Alert!

The last post was made 14 years, 254 days ago. Instead of replying here, would creating a new thread be more useful?
  Display posts from previous:   
This page may contain affiliate links, which means we may earn a small commission if a visitor clicks through and makes a purchase. By clicking on an affiliate link, you accept that third-party cookies will be set.

Post new topic   Reply to topic    Bike Chat Forums Index -> Dear Auntie BCF... All times are GMT + 1 Hour
Page 1 of 1

 
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You cannot attach files in this forum
You cannot download files in this forum

Read the Terms of Use! - Powered by phpBB © phpBB Group
 

Debug Mode: ON - Server: birks (www) - Page Generation Time: 0.10 Sec - Server Load: 1.59 - MySQL Queries: 18 - Page Size: 105.25 Kb