securi t car parks

cinzano

Last week my husband went shopping at a popular supermarket, upon arriving in the car park he had a telephone call from his mother and discovered she was on her way to the same supermarket via the local bus. He locked his car
and proceeded to meet her of the bus and then walked her into the supermarket where she met friends for lunch and he did his shopping.
Upon returning to the car he found he had a parking ticket from securi t car parks. He shown the attendant his purchase ticket of goods bought but he said that he had seen my husband walk off the car park and he broke the laws of the car park.
We have wrote to securi t car parks and sent copies of the receipts for goods purchased and explained my husband was simply walking to the bus stop to meet his mother. They say his appeal is unsuccessful and he must pay £70.50 by 12th August or they will forward this to a collection agency.
Does anyone have any thoughts of how we should deal with it - should we
pay it or sit it out? Would we stand a chance if it went to Court?

JDMYOFAN

If the terms are displayed not to leave the carpark (however !!!!!! that is?) then I think you'll lose.

If it mentions that you need to use the supermarlet, of which you have proof of purchase (till receipt), then you should be fine

cinzano

It claims that you are not permitted to go elsewhere before or after having visited the car parks providers premises.

JasonLVC

What have the supermarket said about the matter?

It is their carpark/land and it is their relationship with the people they have contracted to patrol the carpark that should determine this matter.

Would the sueprmarket want the local media attention about how a person went to help their old mam off the bus to go into the store only to be fined?. I appreciate supermarket carparks are abused but if what the OP has posted is correct, this sounds over zealous to say the least.

I believe that these are civil penalties (as they are not official traffic wardens as they are on private land) and so they can only enforce the fine through the civil courts (ie, they'll have to take a private prosecution out and husband will have his day in a magistrates court and I'm sure he'd have a 110% chance of winning as the burden of proof is on the carpark attendant to prove husband abused the rules!).

To send the debt directly to a collection agency would be incorrect and arguabley would come under defamation and/or falsehoods laws.

Its all a load of scaremongering designed to intimidate and scare you into paying their wages. The supermarket should be made aware of this infraction and I'd be seeking compensation also.

Have a look at this link (post No. 2):-

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/137426-parking-enforcement-agency-parking.html

cinzano

We have written to Supermarket but as yet have had no reply. Securi t claim and I quote " Securit t does have a signed contract from the Landowners to monitor this site. The Data Protection Act does not allow me to release this
information, however I will produce this information in Court" whatever that means??

Casey1709

get yourself over to www.pepipoo.co.uk and ask on there. Supermarkets or their parking companies cannot 'fine' you for parking, they can only issue a charge which you are free to pay or ignore or refute as you please. A common response is to write to the company saying that they need to contact the driver of the vehicle not the owner as any agreement was entered into by them, not you. & of course you have no obligation to tell them who was driving. However, I see you've already written to the company admitting who was driving, I'm sure the people on pepipoo will find other ways to get you out of paying any charges though.

JDMYOFAN

great info casey

cinzano

Thank you everyone for advice I am so glad I asked I will look at all information you have referred me to and hope we win this one. Cheers!

JasonLVC

cinzano wrote: »

We have written to Supermarket but as yet have had no reply. Securi t claim and I quote " Securit t does have a signed contract from the Landowners to monitor this site. The Data Protection Act does not allow me to release this
information, however I will produce this information in Court" whatever that means??

The Data Protection Act....what a load of cobblers. Just more intimidation, suggesting you can only see this in court. A contract between two trading businesses wouldn't be covered by the Data Protection Act anyway as it would not be naming specific individuals, only the details of two businesses.

The Act is there to protect personal inforamtion on individuals (so the supermarket couldn't release details of their staffs birthdates or their customers addresses but what contracts they have with suppliers is outside the remit of the Act. Makes me mad how they can talk utter **** and scare folks. :mad: :mad: :mad: :mad:

And thanks Casey, I knew there was another website forum that focused on speeding tickets, Gatsoa and parking fines but couldn't remember it.

andyrules

Supermarkets claim that they employ the parking companies as people abuse parking by shopping etc elsewhere. Fair enough.

I would imagine that the times your ticket and receipt show demonstrate that you could not have left the site for any other purpose than the one you state. The situation you describe is 'jobsworthiness' at its worst.

Go to the website recommended, I understand they can be of great help.

Good luck - let us know what happens.

steveo3002

id get onto the local paper...theyd love to write about you helping poor old mum into the shop and being fined