Supermarket Car Parking Ticket

dazco · 27 April 2007 at 1:24AM

changkra wrote: »

OK, so what if that notice is not visible. I shop there regularly and to this day have never seen a notice stating 1 hour 30 Min's parking on match days. Surely it has to be visible to all motorists parking up

I have, and have only been there a few times. I think they are on lamposts as you drive in.

Bolton · 30 April 2007 at 10:55AM

Hi, it's Bolton, sorry its took so long to come back - it was Tesco car park - I am thinking I should just pay it and go shopping somewhere else from now on

TITEASCRAMP · 30 April 2007 at 8:44PM

I think you should pay it too.

dee1957_2 · 4 July 2007 at 3:04PM

I disagree with notices say parking times that are to small to see about parking if you are having parking resticktion on parking times make it pay and display plus Aldi stores give you time limts on small notices for parking charge for there carry bags so if you have never shoped there befor look out it is not cheap

Squiffy · 4 July 2007 at 5:53PM

Nicki wrote: »

I don't understand all the comments about no contract being formed, I'm afraid, speaking as a lawyer!

Who is the contract with though? At best, it would be the driver, so it is they would be in breach of this implied contract.

But the "penalty notice" is issued to the owner of the car. There is no legal
force behind this, and the owner is in no way compelled to reveal who was driving the car.

So the penalty is unenforceable.

jamesn77qs · 2 October 2008 at 12:13PM

ive got one of these from Morrisons in wood green, london.
As far as i can tell from what people are syaing in various forums it is unenforcable and relys on scare tactics (using quasi official notices) to get people to pay up. And by the looks of this forum quite a lot of people do pay.
I think im going to risk it as it has never been tested in court.
i found this site useful
http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/142827-help-parking-eye-morrisons.html

reginald_2 · 2 October 2008 at 4:20PM

Squiffy is right. It is not a parking fine it is an invoice charging for parking which is a civil matter. They have your car reg so unless they photographed you they can't prove who parked the car. There is no legal requirement for the registered keeper of the car to disclose who was driving. So who do they take to court to summons. Ignore it or tell them you weren't and you are not prepared to comment any further.

http://neilherron.blogspot.com/

Browse the above you will find it enlightening.

taxiphil · 2 October 2008 at 4:27PM

Nicki wrote: »

I don't understand all the comments about no contract being formed, I'm afraid, speaking as a lawyer!

You have a carpark with a sign saying parking is free for 1 hour 30 mins, and after this time you will be subject to a fine. An offer. You enter the carpark and park your car. You accept that offer. Offer + acceptance = contract. No need for writing, and the terms are straightforward, upfront, and not unfair. You stay over the hour and 30 mins, thereby bringing into play the penalty cause. What am I missing here?

Absolute balderdash.

If you were a lawyer you'd know that:

a) a "fine" can't be issued by a private company, only by a public authority (e.g. the council or police)
b) a penalty clause where the financial recovery to the innocent party would exceed any accurate pre-estimate of loss is void in its entirety and completely unenforceable

Furthermore, (as Squiffy said above) they have no way of knowing who the driver was, so they don't even know who the other party is in this so-called "contract".

I'd love to know which university you got your legal qualifications from!

Nicki · 2 October 2008 at 7:33PM

taxiphil wrote: »

Absolute balderdash.

If you were a lawyer you'd know that:

a) a "fine" can't be issued by a private company, only by a public authority (e.g. the council or police). Yes but a payment can be levvied by anyone for services rendered. I'm not aware of any law which says you can't refer to this payment as a "fine", though I agree the word is also used in the criminal justice system.
b) a penalty clause where the financial recovery to the innocent party would exceed any accurate pre-estimate of loss is void in its entirety and completely unenforceable. But is it a penalty clause, or simply a payment for services rendered?
Furthermore, (as Squiffy said above) they have no way of knowing who the driver was, so they don't even know who the other party is in this so-called "contract". And your point is? They leave a note on the car, requesting the driver to pay. It's not like they are serving a writ where you do need to know the name. When I go to any other commercial place and they provide a service for payment, they don't usually ask my name. Whether they can legally take any further action if you don't pay up voluntarily is a completely different question, as they may face practical problems in working out who was driving.

I'd love to know which university you got your legal qualifications from! Cambridge actually and have been working in the City as a lawyer for many years, albeit not advising in relation to anything quite so petty. And you, may I ask? Or did you get yours from the university of what other people say on the internet must be right?[/quote]

uktim29 · 2 October 2008 at 11:10PM

Nicki wrote: »

did you get yours from the university of what other people say on the internet must be right?

Yeah, thats the one Phil went to!

Supermarket Car Parking Ticket

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