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Comments

  • rjustice
    rjustice Posts: 11 Forumite
    Inactive wrote: »
    So that gives her the right to park her car on private property then?

    You seem to miss the point that it is one big car park that serves all the different facilities, there are no restrictions for instance stopping cinemagoers from parking outside the nursery which they do, therefore she was not parking on private property as you call it.
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Basically getting back to what you asked the invoice placed on the car is only enforceable if the parking company take you to court, and they win.

    If the car park is part of the complex the Gym was on then you have not abused someone's land. [although parking in a disabled bay could be seen as morally wrong]If the gym is elsewhere technically you were.
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    rjustice wrote: »
    You seem to miss the point that it is one big car park that serves all the different facilities, there are no restrictions for instance stopping cinemagoers from parking outside the nursery which they do, therefore she was not parking on private property as you call it.

    Exactly my point .

    A PPC operating in a private car park, trying to extort money from someone because they have painted the space different to the others.
    This lady has NOT deprived a disabled visitor to the nursey of a space as it is shut.

    I will say it again for clarity ,the blue badge scheme does not apply on private land.

    It is up to the PPC to provide evidence that this lady is not herself disabled or was not carrying a disabled passenger . (I bet they can't) Lack of a blue badge is not relevant.

    it's a free car park so there is no loss or damage due to the owners.

    In short just another PPC begging letter for an alleged breach of a contract that they almost certainly can not prove.

    IGNORE THEM
  • Tilt
    Tilt Posts: 3,599 Forumite
    Sirdan wrote: »
    Exactly my point .

    A PPC operating in a private car park, trying to extort money from someone because they have painted the space different to the others.
    This lady has NOT deprived a disabled visitor to the nursey of a space as it is shut.

    I will say it again for clarity ,the blue badge scheme does not apply on private land.

    It is up to the PPC to provide evidence that this lady is not herself disabled or was not carrying a disabled passenger . (I bet they can't) Lack of a blue badge is not relevant.

    it's a free car park so there is no loss or damage due to the owners.

    In short just another PPC begging letter for an alleged breach of a contract that they almost certainly can not prove.

    IGNORE THEM

    There is no purpose for them to do so as it has no bearing on anything because (as you correctly point out) disabled bays have no legal status on a private car park. In any case, their first hurdle is to identify the driver who they will say entered a contact with. He/she is the only person they could realistically take to court.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • d123
    d123 Posts: 8,747 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 27 January 2011 at 5:32PM
    Flyboy152 wrote: »
    . I went to the office on the Saturday before Christmas to see a client. Neither myself nor my client could park in any of the eight spaces I own. What do you think should have been the best course of action for me? What would you have done?

    if you are having such a problem, then why don't you prevent access? Instead of complaining that 8 parking spaces are being used, restrict access to them. (and if they just look like normal spaces how can you blame drivers for using them?)

    A length of chain or folding bollards to keep people out (and show drivers they are private bays) would probably be sensible.
    ====
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    edited 27 January 2011 at 6:16PM
    Tilt wrote: »
    There is no purpose for them to do so as it has no bearing on anything because (as you correctly point out) disabled bays have no legal status on a private car park. In any case, their first hurdle is to identify the driver who they will say entered a contact with. He/she is the only person they could realistically take to court.


    Actually it could have some bearing if there is a clear notice stating that the marked disabled bay is for disabled drivers or passengers only.
    Obviously the PPC would then have to prove on probability that the driver was not disabled. Simply not displaying a blue badge does not IMO prove this.

    I have similar problem with my APCOA begging letter for " Entry into bus lane".
    Strictly speaking there is no such thing as a "bus lane" on private land it's just a piece of road they chose to paint red and label "bus lane".
    Of course they would argue that as it is signed "bus lane" then that implies buses only and therefore you breach your contract with them if you enter not in a bus. Utter bilge but that is what they think allows them to extort £80 out of you.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    rjustice wrote: »
    You seem to miss the point that it is one big car park that serves all the different facilities, there are no restrictions for instance stopping cinemagoers from parking outside the nursery which they do, therefore she was not parking on private property as you call it.
    So, why was she given a ticket?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    Flyboy152 wrote: »
    So, why was she given a ticket?

    Because that's how PPC's make money ..by threatening people and trying to allege all sorts of made up contraventions ..the whole industry is a disgrace..rotten to the core.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    edited 28 January 2011 at 12:26AM
    d123 wrote: »
    if you are having such a problem, then why don't you prevent access? Instead of complaining that 8 parking spaces are being used, restrict access to them. (and if they just look like normal spaces how can you blame drivers for using them?)

    A length of chain or folding bollards to keep people out (and show drivers they are private bays) would probably be sensible.
    And you so much about my premises, how exactly? Do you know if there are any walls to attach a chain to? Do you know if I can get permission from the freeholder or the local authority to put chains up, or dig footings for bollards?

    They don't look like "normal spaces," because they have two great big signs (three feet by five feet), saying "Private Property, No Parking." Right between them is another sign even bigger, telling them that will be charged thirty pounds for parking there. The terms and conditions are clearly legible in letters of more than one inch high. I specifically requested that sign to be twice the size as normal, to avoid any confusion and to make certain that no one could mistake the implication.

    If people still want to chance it and ignore the very clear and precise instructions, well, that is their problem. If it continues to be an issue, I shall resort to clamping and/or towing away. I shall place more signs than is truly necessary and larger ones explaining the consequences of violations.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Sirdan wrote: »
    Because that's how PPC's make money ..by threatening people and trying to allege all sorts of made up contraventions ..the whole industry is a disgrace..rotten to the core.
    That doesn't really answer the question though, does it. :wall:
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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