Parking fine at University

furry_tractor

thats what i thought (not the justice act obviously), but i cant take anythin like that seriously from a security officer for gods sake.

poet123

So, just to be clear here. If a car with a permit parks with its tyres over a bay, the college authorities are acting outside the law if they impose a £50 "fine" or "penalty"?

oldone_2

poet123 wrote: »

So, just to be clear here. If a car with a permit parks with its tyres over a bay, the college authorities are acting outside the law if they impose a £50 "fine" or "penalty"?

Correct. Only a court of law can impose a fine or penalty.

pogofish

poet123 wrote: »

So, just to be clear here. If a car with a permit parks with its tyres over a bay, the college authorities are acting outside the law if they impose a £50 "fine" or "penalty"?

It is a bit more complex than that but in the simplest terms:

Only if they try to pretend that any penalty is somehow "official" or legally backed/enforcable. There is no legal provision for imposing any kind of penalty in private parking.

They can however try to use an interpretation of contract law to issue an invoice for your transgression but any sum involved must be reasonable and proportional to any loss they may have suffered by your action.

Which is going to be a tad difficult to prove in a free car park and so far, no court has upheld a claim based on this. Most operators simply try to bully/scare you into paying with increasingly threatening letters. Which invariably crosses the line into full-on illegality at some point.

Coblcris

Well said pogofish. Excellent summation.

Horace

Coblcris wrote: »

University Byelaws ? ? ?

How on earth does a University have statutory authority to create byelaws ? ? ?

And just what is this 'licence for ticketing' ? ?

Horace, I fear you are not helping.


to the OP, just ignore the PPC. they just send letters..

Don't ask me how the University of Birmingham create byelaws, I have no idea but on all their carparks are huge signs pointing out their byelaws as well as relevant sections from the Parking laws.

All their security officers hold permits for clamping (trained and properly licensed by the company that provides such training), they will also ticket and stick horrid stickers on the windscreen of your vehicle. Sorry but that's what they do...

To say that I wasnt helping was a little unfair, I was merely trying to ascertain which University it was and stating what the rules are at Birmingham University just in case it was the same place. Thanks be to god, I no longer work for them:D

peter_the_piper

I think what is being got at is that the company cannot license the clamper but he/she does have to have an SIA accreditation. Much too grand a title for them. If they only have a "license" from the company it means diddly squat.

pogofish

Just had a look at Birmingham Uni's parking pages online and it does look like clamping is handled by staff and administered via their security office.

So I would hope they are properly accredited and I see their release fees are only £30 - Which is a fair bit less extortionate than other predators.

Coblcris

"relevant sections from the Parking laws".

I beg your pardon ? Parking Laws ? ? ?

I will venture so say - absolute cobblers !!

By all means post a pictures of these signs.

And drop in to the law dept and have a word.

poet123

pogofish wrote: »

It is a bit more complex than that but in the simplest terms:

Only if they try to pretend that any penalty is somehow "official" or legally backed/enforcable. There is no legal provision for imposing any kind of penalty in private parking.

They can however try to use an interpretation of contract law to issue an invoice for your transgression but any sum involved must be reasonable and proportional to any loss they may have suffered by your action.

Which is going to be a tad difficult to prove in a free car park and so far, no court has upheld a claim based on this. Most operators simply try to bully/scare you into paying with increasingly threatening letters. Which invariably crosses the line into full-on illegality at some point.

So, if as regularly happens where I work, someone inadvertently parks with their tyres on the white lines in the college car park (whilst displaying a permit) any fine must reflect the loss to the College?

What loss could they cite? could the cost of the parking scheme admin be cited a a loss? I can think of no other loss...yet fines (or any name they care to use ) are levied, and paid.