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Parking fine in mother and baby parking space?

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Comments

  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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?

    No. It would have to go to the civil court (very unlikely) you lose the case (very, very unlikely) and then you refuse to pay whatever the judge orders you to pay.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Thanks. Great advice as always.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Regarding the provision of P&C spaces in council car parks, I have just found this in a document published by Rochester Council:-

    5.4 A major drawback of the Parent & Child facility would be the inability to enforce properly. Unlike disabled parking which has a badge system in place, there is no such system to check whether people have a child with them or not. Therefore, a priority when introducing these bays is the need for detailed, unambiguous signage explaining conditions of use, i.e. the cut-off age for what defines a child must be made clear. Once installed, these signs are purely advisory and no enforcement would be possible by the Parking Attendants.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • fb1969
    fb1969 Posts: 575 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    OP, this thread shows the paper trail you can expect to receive http://forums.moneysavingexpert.com/showthread.html?t=2214803
  • sooz
    sooz Posts: 4,560 Forumite
    luxor4t wrote: »
    Umm, they do where I live!

    where I live too.
  • biscit
    biscit Posts: 1,018 Forumite
    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?

    They're not acting illegally- there is nothing wrong with what they've done. There is no law that prevents them levying such a charge. However there is no law that they can use to enforce the charge either.

    As has been noted, you can probably get away with this.
  • biscit
    biscit Posts: 1,018 Forumite
    anewman wrote: »
    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.

    Indeed. The enforcability of the rules and charges has no bearing whatsoever on the morality of them!
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    biscit wrote: »
    They're not acting illegally- there is nothing wrong with what they've done. There is no law that prevents them levying such a charge. However there is no law that they can use to enforce the charge either.

    As has been noted, you can probably get away with this.
    Extortion and demanding money with menaces are criminal offences. I think you will find threatening court action, seizing of property, bailiffs, ccj's, etc etc when there is no real prospect of these happening amounts to these offences.
  • biscit
    biscit Posts: 1,018 Forumite
    anewman wrote: »
    Extortion and demanding money with menaces are criminal offences. I think you will find threatening court action, seizing of property, bailiffs, ccj's, etc etc when there is no real prospect of these happening amounts to these offences.

    :cool: :cool:
  • Dave101t
    Dave101t Posts: 4,157 Forumite
    technically speaking, you can park sideways across 3 spaces if you want, or up over kerbs, it is no worse than the normal unenforceable ticket you would get.
    not recommended tho.
    Target Savings by end 2009: 20,000
    current savings: 20,500 (target hit yippee!)
    Debts: 8000 (student loan so doesnt count)

    new target savings by Feb 2010: 30,000
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