Car locked in private car park

Tahlullah

Jamie_Carter wrote: »

They are also often referred to as public holidays in England.

The issue I think is that Scotland get an extra days holiday, where England doesn't. Thus the question.

arcon5

If the sign said the car park closed at 9PM and gave no indication whatsoever that on this particular day they would be operating different opening hours. If you also paid the correct parking charge. If it was permitted to pay parking on exit (ie a pay and display wasn't required). Then I don't see how they wouldn't be liable for your reasonable transport costs home and back the next day. The transport costs would be consequential to them breaching the agreed terms.

But importantly, what are the payment terms of the car park, if it states you need to get a ticket and display in your windscreen then this changes things - as you'd simply be a car parked in there without a valid ticket, thus be breaching the terms yourself.

Hintza

Is there a contract though?

jaybeetoo

Hintza wrote: »

Is there a contract though?

I don't see how there can be a contract as the OP didn't pay for parking.

Captain_Flack.

Jamie_Carter wrote: »

They are also often referred to as public holidays in England.

Not on the 2nd Jan.

ceebeeby wrote: »

Parked car at 09:00 this morning in private car park. Signs on gate state car park shuts at 21:00 however on returning at 16.45 the car park was locked and bolted! Signs checked again, nothing indicating it would be locked early.

Police aren't interested and can't locate key holder. Any ideas on how to retrieve car??

What's car park liability for covering taxi firm home- 20 miles on a public holiday

WTFH

If it's a car park that serves a ferry, did you try calling the ferry operator?

neilmcl

londonTiger wrote: »

my guess is it was new years and nobody was out and about. So slow day. Staff wanted to leave early, there was just one car there who didn't pay for parking so decided to just lock up and leave and teach driver a lesson.

To be honest OP, if you can get away without a fine you should consider yourself lucky. Parking ticket machine broken is never an excuse to park anyway. The only pass you'll get is probably by the council but private landlords no chance.

What "fine" is that and who mentioned anything about a broken ticket machine?

Aretnap

jaybeetoo wrote: »

I don't see how there can be a contract as the OP didn't pay for parking.

In English contract law if there was a sign saying something to the effect of "you may park here for £X" that would be the offer, and the contract would be formed when you implicitly accepted the offer by parking. The fact that you didn't pay immediately wouldn't prevent the contract being formed - the promise of consideration in future can be the basis of a contract. Nor would it necessarily be a breach of contract on your part - depending on what the sign said about when payment was due.

IIRC Scots contract law doesn't require consideration anyway, and a unilateral promise (eg "If you park here we won't lock the gate until 9pm") can sometimes be enforced as a contract.

A claim wouldn't necessarily have to be under contract law anyway - there might well be something in tort law (or the Scottish equivalent), though I'm not sure how that would work in England, let alone Scotland.

In practice though even a 30 mile taxi fare is unlikely to be worth going to court over, so realistically the OP's chances of getting it paid depend on the attitude of the car park owner more than the precise legal position.

Captain_Flack.

neilmcl wrote: »

What "fine" is that and who mentioned anything about a broken ticket machine?

He's on another planet, but he's happy there.

Iceweasel

I wonder if the OP has got his car out of the car-park yet?

If he has to wait until Monday I would be cutting off the padlock if there is one and leave them a new one.