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  • FIRST POST
    Bolton
    Supermarket Car Parking Ticket
    • #1
    • 24th Apr 07, 1:04 PM
    Supermarket Car Parking Ticket 24th Apr 07 at 1:04 PM
    I went to our local supermarket on Saturday, had a drink and something to eat in the cafe and then looked at the clothes and left.
    The store is next to Bolton Wanderers Football club and as they were playing at home on Saturday the parking is restricted to one and a half hours. I know that now but I did not know that then.
    I have received a parking ticket for being there for 1.33 hours - £50 or £30 if I pay in 14 days.
    I have visited the store and explained things to the duty manager but because I have no receipts I have to pay it.
    I am a regular custimer at this store and feel I have been punished because I did not buy anything(except food)
    What should I do?
    Has this happened to anyone else out there?
    Please help!
    Bolton
Page 2
  • changkra
    No neither have i. Its a retail park not an asda car park, thats why i asked about tesco. Couldnt quite get my head round what had gone on
    Originally posted by TITEASCRAMP

    my thoughts exactly. I have seen police patrolling round there but not car park attendants and police don't usually give FPN for parking in supermarket car parks.
    • hollydays
    • By hollydays 25th Apr 07, 4:39 PM
    • 14,230 Posts
    • 10,043 Thanks
    hollydays
    Some private contractors use cameras only monitor the exit.Perhaps it was one of these?
    • bap98189
    • By bap98189 25th Apr 07, 5:17 PM
    • 1,860 Posts
    • 2,384 Thanks
    bap98189
    I would refuse to pay it, but im just pig headed and dont think they have a right to issue tickets in store carparks. They should spend more time chasing able bodied people who park on disabled bays and skip into the store.
    Originally posted by dounome
    I'm not a fan of car park enforcement either, but if there wasn't some sort of scheme, the supermarket car parks would be full of people parking and going to work, leaving no spaces at all for people wanting to shop.
  • TITEASCRAMP
    Honestly its not a super market carpark. Its a retail Pk with about 60+ stores on it, i dont understnd this tread. I wish Bolton would come back and tell me again whats gone on
    • Nicki
    • By Nicki 25th Apr 07, 8:28 PM
    • 7,306 Posts
    • 25,721 Thanks
    Nicki
    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?
    • hollydays
    • By hollydays 25th Apr 07, 9:35 PM
    • 14,230 Posts
    • 10,043 Thanks
    hollydays
    What is said time and again on Pepipoo is that no case like this has ever gone to court.
  • Spart
    How can they prove exactly what time you parked to be able to say you were there 1.33 hours? In my local supermarket the Gestapo rep is an old boy wandering around with a notebook, could take him an hour easy to do a tour of the car park. Surely if they cannot prove what time you arrived & left they have no case?
    Your home is at risk if you leave the windows open while out
  • mariauk
    Are you sure they don`t have the Parking eye facility in the car park? I got caught out in Morrison`s car park which had been free parking for years. When I received my fine through the door I checked and was there for more than the stated time but didn`t remember seeing any notices in the car park.

    I drove to Morrisons and found a very small sign on the way into the car park stating the condions of use. There were no parking attendents, it was all done via the camera and then fines were sent automatically. Lots of people got caught out because they were used to it being free.

    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2005/04/20/npark20.xml
    Last edited by mariauk; 26-04-2007 at 11:46 PM.
  • dazco
    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?
    Originally posted by Nicki
    But has a private company got the power to "fine" you?

    There are 2 different sets of answers on this thread. One half has got it wrong, if people do not know the correct solution ( half of you ) why not shut up?

    I would never pay this by the way.
    S!!!!horpe
    • Bunny
    • By Bunny 27th Apr 07, 12:42 AM
    • 523 Posts
    • 1,014 Thanks
    Bunny
    I've never noticed any cameras at middlebrook to be honest especiallly with it being sooo big a car park! what is scary is how many people on here are from Bolton!
  • changkra
    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?
    Originally posted by Nicki

    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 :confused:
  • dazco

    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 :confused:
    Originally posted by changkra
    I have, and have only been there a few times. I think they are on lamposts as you drive in.
    S!!!!horpe
  • Bolton
    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
    I think you should pay it too.
  • dee1957
    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
    • By Squiffy 4th Jul 07, 5:53 PM
    • 173 Posts
    • 54 Thanks
    Squiffy
    I don't understand all the comments about no contract being formed, I'm afraid, speaking as a lawyer!
    Originally posted by Nicki

    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
    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
    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
    • By taxiphil 2nd Oct 08, 4:27 PM
    • 1,891 Posts
    • 3,249 Thanks
    taxiphil
    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?
    Originally posted by Nicki
    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
    • By Nicki 2nd Oct 08, 7:33 PM
    • 7,306 Posts
    • 25,721 Thanks
    Nicki
    [quote=taxiphil;14646925]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]
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