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Old 19-11-07, 08:53 PM   #1
Gavin
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Default Anybody had any bother with private parking fines like this?

I parked in the corner of my local Tesco and picked up a £60 parking penalty. This is being increased to £135. I've appealed, but this was unsuccessful (surprise, surprise.) The thing is that I work for one of the largest company's in the world as part of a hand picked team specifically dedicated to contract law. So I'm in a unique position to fight this.

I'd be interested to hear if anyone has faced a similar charge and how you dealt with it. Also, if anyone's interested, I'll let you know how I get on and how you can deal with private parking penalties (if you ever need to.)

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Old 19-11-07, 11:54 PM   #2
Lozzo
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Default Re: Anybody had any bother with private parking fines like this?

I was ticketted in a hospital car park for parking slightly over a line blocking a pathway, after examining the ticket closely I discovered I was under no legal obligation to pay a penny, so I didn't.

As far as I am aware, if they don't clamp you there is no legal obligation to comply with their demand. Phone them up and tell them to take a running jump at the front of a moving bus.
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Old 20-11-07, 08:34 AM   #3
Tiger 55
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Default Re: Anybody had any bother with private parking fines like this?

It's a shame you're a contract lawyer otherwise you could've gone to the Evening Times/ Daily Record and had your picture taken with the ticket and your big, sad face. "I've been Tesco loyal for 20 years and now this! How am I going to pay for Christmas etc etc" Bad publicity, they do not like it up 'em.

But if it's useful advice you're after, between the bike forum and the law firm, I'd ask around the law firm...
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Old 20-11-07, 10:06 AM   #4
Ceri JC
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Default Re: Anybody had any bother with private parking fines like this?

On a related note: Can anyone confirm that it is perfectly legal (I've heard it is, but I know how dangerous/ill informed heresay can be, particularly WRT the law) to remove a private (as opposed to council owned) wheel clamp yourself/pay a mechanic to do it, so long as no damage is done to the clamp (IE you don't cut it off)?

Sorry Gavin, I've no idea re: this. You'd hope common sense would prevail- the reason you can't park there is that in a car you could be boxed in by cars in the adjacent spaces. On a bike this isn't relevant. It looks like some jobsworth enforcing "the rules", rather than considering why the rules exist and if they ought to be applied in this case.
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Old 20-11-07, 10:56 AM   #5
phil24_7
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Default Re: Anybody had any bother with private parking fines like this?

I'm with Lozzo on this. Surely thay can't enforce the payment. Were there any signs up warning of a ticket?

My pub has a private car park and we used to have a clamp. We had signs up but even they have to be a certain size, height and wording for us to be able to enforce it!
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Old 20-11-07, 11:45 AM   #6
timwilky
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Default Re: Anybody had any bother with private parking fines like this?

Are they claiming that it is a customer car park and you were not a customer?.


Private companies cannot fine you as they have no rights to impose a punishment.

So they can only really go after you under contract law. Somewhere there must be a sign to say that the car park is for customer use only and a penalty charge will be applied to non customers. By parking with the car park you agree to the terms of the contract. however, Penalties can only the actual loss to the provider by you failing to abide by the contract, ie being a customer. They must be fair etc.

Seeing as you work in contract law, you must already know all this. Fight the B'stards there is nothing to loose
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