Do I have to pay a civil parking charge notice?

bod1467

In respect of the OP, a read of the thread below may be in order.

https://forums.moneysavingexpert.com/discussion/4823112

WTFH

A strong argument will be to produce your Lidl receipt for the shopping you did, then you can say to them it took you longer because you had your child with you.

Coupon-mad

johnsmith56255 wrote: »

no contract, i would not pay this

Nor would we, why don't you read the linked sticky thread for newbies (post #12) and you might learn what to do if ever you get one (it is not 'IGNORE' any more).

nigelbb

johnsmith56255 wrote: »

The subject of “penalty clauses” is one that is currently causing a great deal of debate in particular; with private parking companies who frequently attempt to impose a penalty charge of up to £100 ( and in some cases even more) for overstaying the stated parking time in supermarket car parks such as Lidl, Morrison, Aldi etc. POPLA (Parking on Private Land Appeals) and the county courts are frequently rejecting such charges on the basis that they are not a “genuine pre-estimate” of the likely damages experienced.

That is because in principle “penalty clauses” have no place in English contract law. In general a remedy in civil law returns the injured party to the state that they would have been had no injury occurred. So any damages for a breach of contract can only be directly resulting from that breach and what was actually incurred by the claimant. As working out damages after a breach of contract can be complicated so called "liquidated damages" can be applied i.e. a sum of damages agreed in advance but these must be a genuine pre-estimate of loss & not just a figure plucked out of the air & certainly not a penalty. Actually profiting from damages for a breach of contract is not allowed & is referred to as unfair betterment.

Buzby

ALDI Portslade? !!!!!! has that got to do with retailers providing their customers with the ability to park when they are shopping?

Coupon-mad

Buzby wrote: »

ALDI Portslade? !!!!!! has that got to do with retailers providing their customers with the ability to park when they are shopping?

Aldi Portslade was the first one 'outed' as having broken planning consent by first of all trying to sneak in a change to the parking time limit, then slapping up some signs saying 'Aldi customers only'.

Trouble was for Aldi, it wasn't a car park for Aldi customers only and that had been a solid feature of the planning consent and one of the only reasons they were allowed to build the store = if they allowed people to park & shop in the nearby shops. Luckily some of us are local enough to know that and another Brighton-based poster reported them to the Council. Aldi were fined.

By the way the car park is NOT always full either, I have been there and what a dire store it is! Would much rather pop in local shops on-street when there!