Parking fine in mother and baby parking space?

fluffnutter

Hi, I'm after some advice please.

Supermarket carpark run by a private firm (Brittania Ltd, I think). Penalty notices clearly displayed but relate to a fixed £40 charge for exceeding the maximum time allowed.

There are no notices regarding any other type of parking 'offence'.

Are they acting legally if they attempt to fine you for parking in a parent and child space despite having no children with you?

OrkneyStar

Why did you park there, in other words do you have a case for taking that space ?
Someone else will be along with more on the legality of the fine I think.............

trisontana

For a start it is not a fine, and P&C spaces have no legal basis. They are just a marketing gimmick used by the supermarkets, just like loyalty cards and BOGOFs . You have probably noticed that no council car-parks have them.That's how spurious they are.

You have done nothing wrong, and have not broken any laws. Just ignore any correspondence you get from the parking company and do not contact them.

taxiphil

Even if there had been signs warning of a penalty charge for using a mother & baby space, any such charge wouldn't be legally enforceable.

The law doesn't allow private parties to fine/penalise other private parties - they can only claim actual losses (and that's only if they can convince a court they've actually suffered a loss directly as a result of your actions), regardless of what any signs say.

Check out all the other threads on this board - same principle applies.

By the way it's not a "fine" and no "offence" has been committed - Britannia aren't the police, they're just a bunch of powerless nobodies.

anewman

Aside from any moral debate about using a space intended for mother and baby, the charge is a legally unenforceable invoice. The road markings are on private land and therefore have no legal meaning. Same rules apply as for any other Private Parking Company invoice as repeated ad-infinitum in many posts. You are perfectly in your rights to not pay the invoice and ignore any subsequent contact (they will threaten court action but will not take you to court).

You should be more afraid of people who have nothing to do with the supermarket coming to tell you off, especially the fathers of the babies.

fluffnutter

Thanks all. You've been great. Out of interest, how would they get my details, address etc? Do the DVLA give out this info on the strength of them knowing the car registration?

trisontana

I am surprised supermarket haven't started "fining" non disabled people if they have the temerity to use the in-store disabled toilets. That's as logical as imposing charges on motorists for parking in the "wrong" bays .

mrcow

fluffnutter wrote: »

Thanks all. You've been great. Out of interest, how would they get my details, address etc? Do the DVLA give out this info on the strength of them knowing the car registration?

Yes - the DVLA are paid by the parking company to give out your personal details.

luxor4t

trisontana wrote: »

For a start it is not a fine, and P&C spaces have no legal basis. They are just a marketing gimmick used by the supermarkets, just like loyalty cards and BOGOFs . You have probably noticed that no council car-parks have them.That's how spurious they are.

You have done nothing wrong, and have not broken any laws. Just ignore any correspondence you get from the parking company and do not contact them.

Umm, they do where I live!

fluffnutter

mrcow wrote: »

Yes - the DVLA are paid by the parking company to give out your personal details.

Outrageous isn't it?! Surely that contravenes the DPA??

All that aside, I assume I can just ignore any letters I'm sent?

One other question, can they try to put a note on my credit file?

trisontana

luxor4t wrote: »

Umm, they do where I live!

They must be rare, as I have never seen them in all my travels. Even if you did park in one of the council ones, could they fine you?, I doubt it.