Wording of signs

jimbo24168

This is a massive forum, and I might add one of the most useful I have ever come across. However because of it's size it does take a long time to find a particular piece of information so I would just like to ask a quick question which I know has been mentioned before:

Is it illegal for supermarkets etc. to use the word "fine" on their car park notice boards? I thought only a court of law or council could impose a "fine".

McKneff

jimbo24168 wrote: »

This is a massive forum, and I might add one of the most useful I have ever come across. However because of it's size it does take a long time to find a particular piece of information so I would just like to ask a quick question which I know has been mentioned before:

Is it illegal for supermarkets etc. to use the word "fine" on their car park notice boards? I thought only a court of law or council could impose a "fine".

The bold text is quite correct, whether signs saing 'fine' elswhere are illegal I dont know really, I would be interested because all Travelodges have the word 'fine' on their lifts and bedroom walls about smoking in the hotels.

AlexisV

Yes, it would be unlawful under the The Consumer Protection from Unfair Trading Regulations 2008 and the Fraud Act 2006.

dzug1

'Fine' has both a legal meaning and a colloquial one.

Whether it's illegal to use the word in its colloquial sense I wouldnt like to say. I'd suspect not.

pogofish

And a criminal matter under Section 40 of the Administration of Justice Act 1970 in England and 1972 in Scotland.

AlexisV

It depends what the 'fine' consists of. If it is a library book fine in the region of 20p a day, it would not constitute a contractual penalty - it's a genuine pre-estimate of loss. A contractual penalty that is phrased as a 'fine' would be unlawful and fail the colloquialism test.

If a yearly phone contract costs £10 a month and you end it after 6 months, the phone company could colloquialistically probably demand a £60 fine for breach of contract.

Meepster

I had a notice put on my car yesterday that said "Parking Fine"

I thought it was nice of them to complement me on how well I'd positioned the car...

McKneff

So what about Travelodge then, they have signs up all over the place saying

'If you are found to be or have smoked in our premises this carries a £90 fine'

legal or not?

AlexisV

Depends if it's a pre-estimate of loss. They could have to clean the room over and above what they'd normally have to, but I don't know if that would cost £90.

pogofish

McKneff wrote: »

So what about Travelodge then, they have signs up all over the place saying

'If you are found to be or have smoked in our premises this carries a £90 fine'

legal or not?

IIRC, the only people who can issue any sort of "fines" for breaching the smoking ban indoors are those acting under the auspices of Environmental Health - So either officers directly or the more general council "enforcers" that some councils have devolved the powers to.

So you should maybe ask if Travelodge intends to call the local EH hotline to get the flying squad round every time someone sneaks a puff?

Coupon-mad

jimbo24168 wrote: »

This is a massive forum, and I might add one of the most useful I have ever come across. However because of it's size it does take a long time to find a particular piece of information so I would just like to ask a quick question which I know has been mentioned before:

Is it illegal for supermarkets etc. to use the word "fine" on their car park notice boards? I thought only a court of law or council could impose a "fine".

Over 2 years ago I started this thread about Sainsbury's leaflet which pretended they can actually fine people:

https://forums.moneysavingexpert.com/discussion/1966977

I complained in Sainsburys but my points fell on deaf (and pretty stupid) ears.