"Obstruction" Ticket!

Eldest Daughter phoned earlier and has now arrived home distraught.

Basically she rides a "Vespa" type scooter and she parked at ASDA but on the path. I've put my bike in the same place before so I know exactly where she means and the path is wide enough to accomodate. I don't remember any bike parking being there although she said there was a bike in a small space in the car park but not enough room for hers too. She also said she didn't wanna take up a whole parking space. So I can see her reasoning perfectly. She was very upset as she genuinely didn't think she was in the wrong and now thinks she's in trouble.

She nipped into the cigarette counter for a drink and came straight out again. The ticket is timed at 15:47 and her reciept timed at 15:49. It says "Obstructive Parking". She spoke to the security guard in ASDA but he fobbed her off to the lad who issued the ticket and he said she would have to write in and object. It's a private car park management company based in PERTH?!?!?!

I am mad as hell as can be expected. Any advice would be welcome??

[fastdruid]

Ignore it.

They will threaten, bluster and try everything but unless its council[1] its safe to ignore.
See http://forums.pepipoo.com/index.php?showtopic=46975

Druid

[1] Make 100% sure its not council though, if it *is* council (which on asda land I very *very* much doubt) then appeal it!

Maybe you should go back and put the scooter where it was parked, and take a picture to show just how obstructing the aprking was. It would also be a good idea to take some sort of measuring device to show how much free room there was

Also get a picture of the provided motorcycle parking - if its empty then put the scooter in and take a picture, to show how much room there is for bikes (also make a point that larger capacity motorcycles use a side stand, which further reduces the amount of parking space avaliable)

good luck

Matt

[edit] or ignore all this and just go with what FD said

[the_lone_wolf]

^^^What druid said

Private parking company can sod off

Their "contract" is with the driver, but they will write to the registered keeper, RK just needs to write back saying as much and that they're under no legal obligation to provide the name of the driver

They'll threaten all manner of action but unless they can link someone's name to the person riding the bike via cctv or otherwise they can't do a thing...

Great advice guys!

Thanks for the linky Druid. Some excellent points to take into consideration. She is at work now so I will text her saying not to worry. Bless her she was pooping herself that I would shout at her.

[timwilky]

Please ignore what TLW said above.

Do not get into any correspondence with them at all.


The issue of private parking tickets is very dubious. they can only get at you under contract law which only allows them to recover their actual loss and cannot be punative.


So if they were to even think of taking you to court to recover the money they claim, because of the value it would be small claims and they are not allowed to recover costs. The cost of such an action in relation to the value of the ticket would be so out of proportion they would never do it.

If they did out of spite, they could only get the value of the ticket assuming a judge ruled in their favour.

Do not even think of paying/appealing against a system designed to take money off you.

[Dave20046]

As above, wouldn't worry about it - we have a renowned company round here (and possibly other areas of the uk) called 'excel parking'.

Anyway, more importantly , why doesn't she have an SV?

If I take the bike to a supermarket and there is no motorcycle parking, I often park in a full bay - especially at the local tescos who have removed the motorcycles only spaces. The only place which is not fair game are disabled spaces...

[dizzyblonde]

How mean and horrid... I park straight out front of our Asda, usually where not only me can see my bike

In fact most people park where it says 'pet stop'.....must remember to get them to change that to 'pit stop'

[the_lone_wolf]

Originally Posted by timwilky

Please ignore what TLW said above.

Do not get into any correspondence with them at all.

Far better to let them know you know the system and make it clear from the outset that they will receive nothing from you, if you write the correct letter it gives you the legal basis to ignore everything else they send

If the RK doesn't respond to a letter it begs questions and further investigation...