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Hospital Blue Badge Parking Fine
Comments
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Invalidation wrote: »Let me explain it to you in simple terms.
No one is contesting the point that a landowner can charge to park on their land.
What is being contested and what has been proven to be quite factual is the point that, Landowners and PPC's dont have the right to charge exhorbitant fees if you overstay your parking, not have any legal right to impose 'Fines'.
Overstaying parking charges are based on an assumed contract that in fact doesnt exist, therefore the landowner or PPC are only legally entitled to reclaim any lost parking charges e.g £3.00 (in the case of my local Hospital)and not throw in alleged 'Fines' of £40 or more, halved if paid within 14 days etc etc etc.
Those claims simply do not stand up in Court, havent done and never will.
Got it now? good lad. Pip Pip!.
As I see it the 'contract' is agreed between the landowner and the car driver as soon as he/she parks on the land. That contract would contain two things.
In consequence of being allowed to leave your car on their land, you would agree that (a) you would pay the relevant fee/carry out all other relevant directions allowing you to park and (b) that if you failed to do so or did not follow the rules as to where or how to park, you would agree to pay a 'fee' for breach of that contract.
It is an implied contract between the landowner and the driver of the car.
As to whether the landowner would sue for breach is another matter.
And it is no excuse to say that you didn't know the rules either. You accepted the rules as soon as you entered upon the land.
So there!!0 -
As you see it is just contrary as usual.0
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As I see it the 'contract' is agreed between the landowner and the car driver as soon as he/she parks on the land. That contract would contain two things.
In consequence of being allowed to leave your car on their land, you would agree that (a) you would pay the relevant fee/carry out all other relevant directions allowing you to park and (b) that if you failed to do so or did not follow the rules as to where or how to park, you would agree to pay a 'fee' for breach of that contract.
It is an implied contract between the landowner and the driver of the car.
As to whether the landowner would sue for breach is another matter.
And it is no excuse to say that you didn't know the rules either. You accepted the rules as soon as you entered upon the land.
So there!!
The contract could only exist where there were signs. There could never be a case for an implied contract in these circumstances.
You may agree a "fee", but contract law says that that "fee" may not amount to a penalty.0 -
As I see it the 'contract' is agreed between the landowner and the car driver as soon as he/she parks on the land. That contract would contain two things.
In consequence of being allowed to leave your car on their land, you would agree that (a) you would pay the relevant fee/carry out all other relevant directions allowing you to park and (b) that if you failed to do so or did not follow the rules as to where or how to park, you would agree to pay a 'fee' for breach of that contract.
It is an implied contract between the landowner and the driver of the car.
As to whether the landowner would sue for breach is another matter.
And it is no excuse to say that you didn't know the rules either. You accepted the rules as soon as you entered upon the land.
So there!!
Once again you are wrong. Having seen all of your posts here its pretty obvious that, even after having the law explained to you, you still fail to grasp the fact that any Landowner cannot demand extortionate fees for overstaying and can only claim for their actual losses.
You really need to understand the depth of the law of contract, rather than quoting gobbledeegook.
If you need further enlightenment I would suggest you do a Google for a site called Pepipoo, wher everything I and others have stated will be made abundantly clear to you.The DWP = Legally kicking the Disabled when they are down.0 -
sarahg1969 wrote: »The contract could only exist where there were signs. There could never be a case for an implied contract in these circumstances.
You may agree a "fee", but contract law says that that "fee" may not amount to a penalty.
Sorry but you need to read up on your Tort Law.
There does NOT have to be signs dotted araound. It is for the driver to make such enquiries as is necessary to establish what is and what isn't allowed. Put quite simply the responsibility to understand the contract is for that of the driver and NOT of the landowner to issue pamphlets to every driver that enters the land.
Everybody knows that there are restrictions and regulations when you park a car. To say otherwise is a defence intended to try and plead innocent - ' I never knew I had to do that - well, what a shock!'
Errrr who said anyhting about a penalty?
As for not being able to charge a penalty, as you put it, when then in major civil construction projects there is a 'penalty' imposed, as stated in the contract, if say the contractor runs over the agreed time scale.
The OP is simply trying to find a way out of being asked to pay a fee/penalty that they incurred because they breached a contract.
Yes it is highly likely that the breach would never reach court, but I for one if I was the landowner, would take a case to set a precedent no matter what the cost. Obviously I would be asking the defendant to pay into court sufficient monies to cover my legal costs if I was to win. Generally in these cases I ask for a deposit of £5000 to be paid in. I've never lost a case, when someone is faced with that versus the debt of say £40, they back down.
That tactic alone would frighten people enough to pay up what they owe.0 -
Invalidation wrote: »Once again you are wrong. Having seen all of your posts here its pretty obvious that, even after having the law explained to you, you still fail to grasp the fact that any Landowner cannot demand extortionate fees for overstaying and can only claim for their actual losses.
You really need to understand the depth of the law of contract, rather than quoting gobbledeegook.
If you need further enlightenment I would suggest you do a Google for a site called Pepipoo, wher everything I and others have stated will be made abundantly clear to you.
I don't need to to a 'google' search.
I fully understand Tort especially that relating to contracts.
If I was you I would read up and consider the contract that was entered into when they built the Channel Tunnel! There were very heavy penalties imposed if there was a delay in completion and that they had no bearing whatsoever on the extra costs or losses. Other than they were worded that way!0 -
There does NOT have to be signs dotted araound. It is for the driver to make such enquiries as is necessary to establish what is and what isn't allowed. Put quite simply the responsibility to understand the contract is for that of the driver and NOT of the landowner to issue pamphlets to every driver that enters the land.
Wrong !
Errrr The Parking chappies do. They usually send you an invoice asking for £20 or so for overstaying, sometimes much much higher.Errrr who said anyhting about a penalty?
THAT sir is a penaltyAs for not being able to charge a penalty, as you put it, when then in major civil construction projects there is a 'penalty' imposed, as stated in the contract, if say the contractor runs over the agreed time scale.
Oh dear. You really dont understand the law do you?Yes it is highly likely that the breach would never reach court, but I for one if I was the landowner, would take a case to set a precedent no matter what the cost. Obviously I would be asking the defendant to pay into court sufficient monies to cover my legal costs if I was to win. Generally in these cases I ask for a deposit of £5000 to be paid in. I've never lost a case, when someone is faced with that versus the debt of say £40, they back down.
That tactic alone would frighten people enough to pay up what they owe.
As I said, you really dont understand the law, but such a mighty person as yourself might like to go along to the Pepipoo site where there are some REAL Lawyers, and spout your misguided drivel there and theyll soon put you right.
You NEVER EVER pay a Private Parking Fine. It has no basis in law and is nothing more than an invoice.The DWP = Legally kicking the Disabled when they are down.0 -
Invalidation wrote: »Wrong !
Errrr The Parking chappies do. They usually send you an invoice asking for £20 or so for overstaying, sometimes much much higher.
THAT sir is a penalty
Oh dear. You really dont understand the law do you?
As I said, you really dont understand the law, but such a mighty person as yourself might like to go along to the Pepipoo site where there are some REAL Lawyers, and spout your misguided drivel there and theyll soon put you right.
You NEVER EVER pay a Private Parking Fine. It has no basis in law and is nothing more than an invoice.
In which case you must then condone ignoring all parking restrictions on private land that most people accept as the norm because, as you say, they don't have a leg to stand on if they ask you to pay.
Hey - why don't we all park anywhere we like on hospital grounds, put two fingers up to the parking attendants, fail to obtain a ticket from the machine, and refuse to settle any demands sent to us!
What a lovely attitude to have and what a way to teach our children the rights and wrongs in life.0 -
The owner of the land has the right to enforce payment. As I have said before, when you choose to enter onto private property you are responsible to conform to and agree to, their rules and regulations as regards payment. If you don't like it or don't agree with them, then park somewhere else.
?
I am sorry but this is a load of rubbish - they can not enforce anything - this is NOT a council ... what if the charge was £100, £200 - they need to prove their loss - which is nothing!
Look at the car parking board for more info ...
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
I am sorry but this is a load of rubbish - they can not enforce anything - this is NOT a council ... what if the charge was £100, £200 - they need to prove their loss - which is nothing!
Look at the car parking board for more info ...
Mark
in which case then:In which case you must then condone ignoring all parking restrictions on private land that most people accept as the norm because, as you say, they don't have a leg to stand on if they ask you to pay.
Hey - why don't we all park anywhere we like on hospital grounds, put two fingers up to the parking attendants, fail to obtain a ticket from the machine, and refuse to settle any demands sent to us!
What a lovely attitude to have and what a way to teach our children the rights and wrongs in life.0
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