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Parking fine in mother and baby parking space?

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  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    trisontana wrote: »
    no council car-parks have them.
    Don't have them round here, but the car park in Herford town centre has them.
    You have done nothing wrong
    As a parent, I'd disagree with this, too!
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Don't have them round here, but the car park in Herford town centre has them.


    As a parent, I'd disagree with this, too!

    They may have done something that is morally wrong, but the parking company then cannot impose this massive penalty for breaking their "rules". The PPC is breaking the law. That's the difference.

    See my quote above from that council document regarding council P&C spaces and the way even they cannot be enforced.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 25 February 2010 at 10:36AM
    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.

    Actually there are a number of things wrong - As has been described above.

    However, I find they nearly always fall down on Section 40 of The Administration of Justice Act 1970, to begin with. Which is a criminal matter.
    The Administration of Justice Act 1970.

    Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:
    harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
    falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
    falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
    utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

    Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:
    of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
    of the enforcement of any liability by legal process.

    It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

    The last paragraph interests me - I wonder if the contractural arrangements between stores and PPCs would be covered by it?
  • They're not mother and toddler spaces. They're for anyone who may have issues with getting young children out of a vehicle, out of a car chair/booster, into a buggy.
    But as a father of 4, (twins, both doors need opened) I'll just start parking in the smaller parking spaces and dent everyone elses cars due to the restricted access.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    They're not mother and toddler spaces. They're for anyone who may have issues with getting young children out of a vehicle, out of a car chair/booster, into a buggy.
    But as a father of 4, (twins, both doors need opened) I'll just start parking in the smaller parking spaces and dent everyone elses cars due to the restricted access.

    I don't think any objects to P&C spaces . What they object to is the way a parking company or supermarket take the law into their own hands and think they can charge extortionate amounts of money for breaking their "rules". That is illegal as it would be deemed an unfair penalty.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • Hadeon
    Hadeon Posts: 367 Forumite
    But as a father of 4, (twins, both doors need opened) I'll just start parking in the smaller parking spaces and dent everyone elses cars due to the restricted access.

    Will that still be your strategy even if all available P&C spaces are taken-up by................parents etc with young children?

    Perhaps this is exactly why some drivers park in those spaces in the first place.

    Perhaps also, it might be a good idea to penalise drivers with young children for parking in 'regular' spaces. ;)
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They're for anyone who may have issues with getting young children out of a vehicle, out of a car chair/booster, into a buggy.

    No. They are there solely because of an American psycological construct called "Mom-Time." Which is a pretty reprehensible and patronising take on store/customer relationships IMO.
  • biscit
    biscit Posts: 1,018 Forumite
    Dave101t wrote: »
    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.

    Don't do that in Changegate car park in Haworth
  • pogofish
    pogofish Posts: 10,853 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    biscit wrote: »
    Don't do that in Changegate car park in Haworth

    I think you will find that the jokers who operate that particular car park are well known to this forum already.
  • biscit
    biscit Posts: 1,018 Forumite
    pogofish wrote: »
    Actually there are a number of things wrong - As has been described above.

    However, I find they nearly always fall down on Section 40 of The Administration of Justice Act 1970, to begin with. Which is a criminal matter.



    The last paragraph interests me - I wonder if the contractural arrangements between stores and PPCs would be covered by it?

    Do the courts agree with your interpretation of their behaviour and that act?
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