If Not obliged to pay fines, why pay at all?

Bantex_2

bargepole wrote: »

It's not as black and white as that.

If you don't buy a ticket, you run the risk of ending up with a court claim, and while many of these have been thrown out by Judges, just as many have been upheld - small claims is a bit of a lottery in that respect, and then you have to go through all the rigmarole of filling forms, serving documents, and taking time off to attend court, which most people would rather not have to do.

The legality or otherwise of PPC charges has never been properly challenged in a court of record, and different County Court Judges will have differing interpretations of how contract law applies in this situation.

None of the regulars on here would advise anyone to avoid paying a legitimate fee for parking on private land. It is when the punishment is disproportionate to the crime that the problems arise.

That does seem at odds with some of the posts from regulars on here, who give the impression that courts hardly ever uphold to parking companies complaint and always find in favour of the driver.

bazster

Bantex wrote: »

Many of the post here are for controlled parking areas such as private housing estates (where parking os by invitation only) etc which are "managed" by a PPC. Would your advice be different to them than from a retailers car park.

The difference between a retail car park and a private housing estate is that if you park in a private housing estate without permission then the lawful occupier of the land could sue you for trespass, just as you could someone parking on your driveway.

But the PPC is virtually never the lawful occupier and hence cannot sue you for trespass. Accordingly, they invent this fiction that you entered into a contract with them and you cost them £100 by breaching the contract.

esmerobbo

You need to be specific to what type of car park you mean. If its a fee paying car park and you don't pay, you would be hard pushed to avoid a court finding against the landowner/operator if they were recovering their legitimate costs.

If its an invitation car park again if the landowner could prove a loss they would be recoverable.

What are not recoverable are penalties dressed up as parking charges or as recently described by a judge as "profit"!

Also I don't think any regular here would condone abusing someone else's land!

kirkbyinfurnesslad_2

This is a perky type question......

esmerobbo

ParkingForFree wrote: »

This is a serious question, and I'd love to hear your views. (sorry, new member here by the way). Have lurked for an age.

If you were to find a nice private car park close to work, what is to stop you parking there every day for free? ie. not even bothering to buy a ticket?

After all, you can't be clamped and you can't be forced to pay for "fines" by private companies by what I've read so far on here.

Anybody tried this? Would anybody try this?

If not, why not?

I'm thinking of giving it a go myself to see what happens. -> runs off to strap my body armour on.:A

If you want to test this theory try it in a Combined parking solutions car park, I am sure they will play along!

esmerobbo

kirkbyinfurnesslad wrote: »

This is a perky type question......

mmmmmmmmm

ParkingForFree

esmerobbo wrote: »

If you want to test this theory try it in a Combined parking solutions car park, I am sure they will play along!

What's one of those?

peter_the_piper

A car park infested by Combined Parking Solutions surprisingly.

Edited for accuracy.

ParkingForFree

Also, how can you prove there were no signs?

On the main site it is advised to take photographs of signs to prove there were none. ???

The car park I go into, only has a sign to tell you how much it costs to park there. There are no signs to say what will happen if you go over your time. Or if you don't pay.

peter_the_piper

Argumentative for the sake of it, I'm out.