Other services with unenforceable charges???

dzug1

trisontana wrote: »

I see you are raising the the old chestnut of "somebody parking on my driveway". I put it to you that this never happens in real life. .

Yes - it did happen to me on a regular basis a little while back.

A polite 'please don't park there again' worked - but it might not have.

esmerobbo

trisontana wrote: »

I see you are raising the the old chestnut of "somebody parking on my driveway". I put it to you that this never happens in real life. .

I agree and I would think a quite word if somebody did would be better then confrontation.

Oopsadaisy

trisontana wrote: »

I see you are raising the the old chestnut of "somebody parking on my driveway".

Many posters on here will trot out the similarly old hoary chestnut response of 'but that never happens, we're talking about big bad nasty PPCs', however that doesn't actually answer the question.

So, I'll answer the 'old chestnut'...yes a householder is just like a private car park operator ie they are powerless to stop someone parking on their drive and have no remedy.

esmerobbo

dzug1 wrote: »

A polite 'please don't park there again' worked - but it might not have.

Posted together!;) It did work then!:)

dzug1

trisontana wrote: »

The only thing they can ask for is the actual material loss suffered by the landowner. Anything else would be considered a penalty and against the law of the land which says that one private citizen cannot punish another private citizen.

. Don't forget that private parking companies mainly operate is such places as supermarkets and retail parks. That's where they try and con people out of money, not on private driveways.

My question wasn't specifically (or even at all) related to PPCs but to car parks in general. Are you saying that any car parking fee at all is unenforceable? Sounds very much like it.

trisontana

dzug1 wrote: »

My question wasn't specifically (or even at all) related to PPCs but to car parks in general. Are you saying that any car parking fee at all is unenforceable? Sounds very much like it.

Not in council one's they are not. Don't forget that in a council car-park there are actual laws and statutes to back up the charges and penalties. This is not the case in private car-parks where only the civil laws of contract or trespass apply. Under these laws the landowner can only ask for the actual material loss suffered. Nothing more.

esmerobbo

dzug1 wrote: »

My question wasn't specifically (or even at all) related to PPCs but to car parks in general. Are you saying that any car parking fee at all is unenforceable? Sounds very much like it.

A fair fee would be enforceable, but a fair fee would be uneconomic to enforce. Say its £3 per hour you stayed 8 hours £24 it would cost them more to take you to court.

Its unenforceable in two ways if its fair loss its uneconomic, if its a penalty its unenforceable because you cant enforce a contractual penalty.

dzug1

trisontana wrote: »

This is not the case in private car-parks where only the civil laws of contract or trespass apply. Under these laws the landowner can only ask for the actual material loss suffered. Nothing more.

So it is in fact impossible to have a legally enforceable contract to park on private land however reasonable the charges?

trisontana

dzug1 wrote: »

So it is in fact impossible to have a legally enforceable contract to park on private land however reasonable the charges?

Yes it is possible, but as has already been stated the landowner can only ask for the actual material loss and costs they have suffered. Anything else would be considered a penalty.

dzug1

esmerobbo wrote: »

A fair fee would be enforceable, but a fair fee would be uneconomic to enforce. Say its £3 per hour you stayed 8 hours £24 it would cost them more to take you to court.

Its unenforceable in two ways if its fair loss its uneconomic, if its a penalty its unenforceable because you cant enforce a contractual penalty.

Well say the charge is £3 for the first hour, £5 for the second and then increases with each hour. When does it become unfair and therefore a penalty rather than a fair charge for parking? Even a £3 fee might be more than the actual cost to them of you being there rather than not being there.