Parking ticket in Asda car park - Is this legal, can they take me to court?

brettcta

ZOMG!!111!1!!1!1!!1!!11!!one!1!1

spots, if it says 'we'll ticket you if you stay more than 3 hours' and you stay more than 3 hours, it's hardly 'getting up to their old tricks', it's merely 'doing what they said they were going to do'

the legality of the ticket is another story though

arcon5

spots wrote: »

It seems they they are up to the old car park charging tricks again. After shopping there for 20 years i have a ticket for being there longer than 3 hours.
I wondered what happened in your case. Did you pay?

I do wish some companies could be regulated and have additional rights to enforcement.

No you don't have to pay it, no it is not enforcable -- well done, you got out of it on a technicality -- maybe next time you can abide by their terms of use or if you don't like the terms, don't go on their property!

adouglasmhor

arcon5 wrote: »

I do wish some companies could be regulated and have additional rights to enforcement.

No you don't have to pay it, no it is not enforcable -- well done, you got out of it on a technicality -- maybe next time you can abide by their terms of use or if you don't like the terms, don't go on their property!

Or you can be a good anthropo and stand up to bullies and bell ends.

peter_the_piper

Its not a technicality, they just have no legal basis. They do have the right to take the driver to small claims court for the full amount of what they had lost. As its a free car park the loss is £00.00. At least they are not like our local shopping centre, loads of big stores and a 10pin. Visit that lot and overstay and you get clamped, no appeal.

mcjordi

peter_the_piper wrote: »

Its not a technicality, they just have no legal basis. They do have the right to take the driver to small claims court for the full amount of what they had lost. As its a free car park the loss is £00.00. At least they are not like our local shopping centre, loads of big stores and a 10pin. Visit that lot and overstay and you get clamped, no appeal.

id simply remove the clamp.. i have enough tools in my boot to do so...
clamping over an alledged debt is illegal..

arcon5

adouglasmhor wrote: »

Or you can be a good anthropo and stand up to bullies and bell ends.

Except your missing the point --- they have a policy for the use of their car park and op didn't abide by it. Agreeably these fines can be excessive and the means to enforce them unacceptable --- but op has put themselve in this situation.


Far too many people are using peoples private property for parking when they are not allowed. Companies for example that have private car parks for staff which shoppers then use meaning staff have nowhere to park.

At the end of the day, if op had bothered to read the huge signs that explain how the carpark should be used, and abided by this then they wouldn't be in the situation they are in.

People seem to forget th underlying issue -- it's not their property to use as they wish -- it's somebody elses property and should be used for the purposes intended and outlined by the property owner!!


You could also argue landowners are being bullied -- by visitors who are abusing their land knowing full well there is squat you can do about it!

arcon5

peter_the_piper wrote: »

Its not a technicality, they just have no legal basis. They do have the right to take the driver to small claims court for the full amount of what they had lost. As its a free car park the loss is £00.00. At least they are not like our local shopping centre, loads of big stores and a 10pin. Visit that lot and overstay and you get clamped, no appeal.

technicalty, legality -- who cares? whether the business have lost £0 or £1000, at the end of the day it is the business' property, and if they say you can use their property for upto 3 hours then that is exactly what you should do -- and if you don't like the requirements to property owner has setup, quite simply leave their land and find somewhere else.

Land owners have far too little powers!

fb1969

arcon5 wrote: »

if they say you can use their property for upto 3 hours then that is exactly what you should do

Given that one supermarket was recently fined for imposing time limits on the parking when the planning permission stated no limits could be applied, it is more than possible that the superrmarket legally cannot impose a time limt. It would all depend on whether anything was agreed in the planning permission.

arcon5

fb1969 wrote: »

Given that one supermarket was recently fined for imposing time limits on the parking when the planning permission stated no limits could be applied, it is more than possible that the superrmarket legally cannot impose a time limt. It would all depend on whether anything was agreed in the planning permission.

Do you have a link to that?

If they breached planning permission then that doesn't mean it is not wrong to abuse the supermarkets policy. They are seperate issues.

But there's also a bigger here than overstaying in a supermarket car park -- the issue being land owners in general have any rights to protect their property and when their property is abused the abuser can in effect put their middle finger up at the company as they know full well there is nothing they can do.

biscit

Bamber19 wrote: »

My rule is to not be a p!!!! If spaces are made for parent and child or disabled shoppers I'm not going to park in them, even knowing that if I do and a letter drops through the door I can safely ignore it because i'm not going to get taken to court and even if the incredibly unlikely happened and a company was daft enough to do so then the court is not going to take their side.

Well put. I think it's true that many PPCs take the mick, but I actively resent the "I'll do what ah like and any attempt to tell me otherwise is silly rules and regs" attitude that comes with these anti PPC threads.

I think we all need to remember this advice:

Money_Saving_Expert_Main_Site wrote:

DO remember this is about unfair tickets

Of course, landowners have a right to charge for and police proper parking. If you've broken those rules, and you think the ticket isn't exorbitant, I'd urge you to pay up.
If you DO think it's exorbitant, one route is to simply pay what you think is right, eg the equivalent to what you'd be charged on a public road.

This is an extract of the official MSE guidnace on PPC tickets which can be found here:
http://www.moneysavingexpert.com/reclaim/private-parking-tickets