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when should you pay parking charge notice
Comments
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and what if the sign just says 'NO PARKING' so there is no ticket machine
Even simpler DON'T PARK THERE !!!
If you do then that could be trespass and the landowner (not some cowboy company) can claim reasonable losses or damages.
It is accepted that what the landowner considers reasonable and what the trespasser thinks is reasonable will normally be at variance ,which is why if agreement can not be reached the matter is decided in a County Court..should the landowner choose to pursue their claim.0 -
and what if the sign just says 'NO PARKING' so there is no ticket machine
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With regard to that particular signage what needs to be considered is the intent of the £150 charge.
Is it a reasonable charge for parking beyond the free drop off period ?
I don't think so.
Is it intended to deter you from staying longer than the free 10 minutes drop off...yes of course it is ..that makes it a penalty.
These sorts of penalties are not allowed in consumer contracts and despite what the sign says about you" agreeing" to pay it ..it is an unenforceable penalty clause in the "contract".
the relevant legislation is
"The Unfair Terms in Consumer Contracts regulations 1999"
and the enforcement body for that legislation is the Office of Fair Trading, and here is what they have to say about charges like the one the OP has posted :-
"5.9 The Regulations are concerned with the intention and effects of terms, not just their mechanism.
If a term has the effect of an unfair penalty, it will be regarded as such, and not as a 'core term'.
Therefore a penalty cannot be made fair by transforming it into a provision requiring payment of a fee for exercising a contractual option."
Furthermore if the parking company wish to argue that it is NOT an unfair contractual penalty ,they would in effect be saying that the landowner under no circumstances permits you to stay longer than 10 minutes.
That makes it tresspass...is £150 really the damage/loss suffered by the landowner for an overstay on this piece of land ...hardly likely is it.
Also if that is the real loss why does it half it you pay sooner?..the loss or damages is either £150 or it isn't !
For all these reasons IGNORE this company and their ridiculous claims it is quite simply a SCAM.
I will not apologise for the use of the word scam or even fraud re this company when you only get penalised £60 for parking on a double yellow line even if it is for a couple of hours !!!
£150 !!!! Who do they think they are to demand such a sum ???
PS Remember all the above is of course just theory in practice these jokers won't be taking anyone to court anytime ever.0 -
and i have read on here that you should never pay these people
but in what situation should you pay them ?
I could be wrong here, but it's once you've contacted them and tried to appeal it / etc as at that point you've accepted that you entered into a contract with them and pretty much accepted it. If you do that and then ignore it then they have a bit more leverage if they take you to court.
So you just ignore it0
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