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

biscit

brettcta wrote: »

The legality of the ticket is another story though

Pedant point, sorry, I think you mean enforcability.

biscit

Harry_Flashman wrote: »

Very nice stories, but I believe the 'fines' are actually unenforceable 'charges'

Mores the pity, there should be consequences for being selfish, careless and/or stupid. All nice, decent, non-obnoxious people belive this (along with a small proportion of the rest of society).

Not that I'm blame free when it comes to carelessnes, I just hope I'm decnet enough to accept the cosequences when they crop up.

fb1969

arcon5 wrote: »

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.

In the actual case the planning permssion was for 3 hours and the store decided to only allow 1 hour http://newsfrombrighton.co.uk/brighton-culture/shopping/aldi-fined-for-failing-to-offer-free-parking-in-portslade/

If the planning permission states something then the store cannot apply a policy that says otherwise.

finemarc

can anyone give me advice on the following, i parked in an asda store shopped there plus the shops around there as well. i then got a letter saying i had overstayed my time limit of 2 hours which is the most you can park there for, with the letter from town and city parking i got 2 pics of the car going into the car park then another of it leaving. the driver can not be seen, also the time is displayed on the photo. since then ive kept the letters from then which as since been passed onto whyte & co debt recovery services who have sent 3 letters to date and also bumping up the price from like £30 to £82 which i think is not right. i have not replyed to any letters or made any phone calls to either of these people. i am not going to pay as i dont think it would make court and i have the following things in my favour, the tearms and conditions are displyed on the notice board at asda but i have not agreed to them, the driver is unknown and cannot be seen in any pic, this is not town and citys land therefore it would be asda that would have to take me to court not a 3rd party (not sure over this one). from what i can read i should hold tight, pay nothing, answer no letters etc and wait. also the address its registered to is my mums where i dont live so i dont really want balifs turning up at her house demanding money, am i right in saying that they cannot do this any more before reclaiming iteams they have to have a injunktion to do this? thanks for anyone that can help with any of this.

trisontana

finemarc wrote: »

can anyone give me advice on the following, i parked in an asda store shopped there plus the shops around there as well. i then got a letter saying i had overstayed my time limit of 2 hours which is the most you can park there for, with the letter from town and city parking i got 2 pics of the car going into the car park then another of it leaving. the driver can not be seen, also the time is displayed on the photo. since then ive kept the letters from then which as since been passed onto whyte & co debt recovery services who have sent 3 letters to date and also bumping up the price from like £30 to £82 which i think is not right. i have not replyed to any letters or made any phone calls to either of these people. i am not going to pay as i dont think it would make court and i have the following things in my favour, the tearms and conditions are displyed on the notice board at asda but i have not agreed to them, the driver is unknown and cannot be seen in any pic, this is not town and citys land therefore it would be asda that would have to take me to court not a 3rd party (not sure over this one). from what i can read i should hold tight, pay nothing, answer no letters etc and wait. also the address its registered to is my mums where i dont live so i dont really want balifs turning up at her house demanding money, am i right in saying that they cannot do this any more before reclaiming iteams they have to have a injunktion to do this? thanks for anyone that can help with any of this.

You have answered your own questions. Just keep ignoring them and don't confuse bailiffs with debt collectors.

System

Yeah don't worry about it. However I do question this statement "the tearms and conditions are displyed on the notice board at asda but i have not agreed to them" Technically by using the car park you are agreeing to Asda's terms and conditions. However the fine is not legally enforcable (although personally I think it should be but thats a different argument). Therefore don't get bullied by this organisation, just carry on ignoring them

trisontana

The notice boards I have seen in ASDA car-parks patrolled by Town & City say that you have to contact TCP to see their full terms and conditions. So how are you going to do that if you are sitting in your car at the entrance of the car park? And how can you "agree" to these T&C's if you are not in possession of the full facts?

sarahg1969

trisontana wrote: »

The notice boards I have seen in ASDA car-parks patrolled by Town & City say that you have to contact TCP to see their full terms and conditions. So how are you going to do that if you are sitting in your car at the entrance of the car park? And how can you "agree" to these T&C's if you are not in possession of the full facts?

In my local Asda, T&CP have been ticketing people and there aren't even any signs up!

DCodd

There is a dedicated parking fines board in the motoring section.
http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Private parking tickets are controlled by contractual law. The Parking charge notice "PCN" (as opposed to the offical PCN "Penalty Charge Notice" issued by councils and parking wardens) issuer has to provide proof of financial loss. As the issuer is almost always a private company and not the Land Owner, they can not have suffered any financial loss for you parking there, even if it is issued by the land owner, their actual financial loss would be pennies if anything.

Check out the parking fines board in the Motoring section.

pineapple

arcon5 wrote: »

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.

I agree. Supermarket car parks are not there so you can avoid pay and display car parks. They are primarily a resource for the shop and for the convenience of customers. A 2 hour limit ensures a turnaround. It also ensures that I can roll up and get a space without it being clogged by selfish pr*cks who are off having a shopping spree in town.