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MSE News: Parking campaigner fails to challenge 'excessive' charge at Supreme Court

Former_MSE_Helen
Former_MSE_Helen Posts: 2,382 Forumite
edited 5 November 2015 at 11:29AM in Parking tickets, fines & parking
A motorist who mounted legal proceedings against a private parking firm has lost the case at The Supreme Court...
Read the full story:

Parking campaigner fails to challenge 'excessive' fine at Supreme Court

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Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    At least MSE are on the ball (time-wise) this time ... usually they are at least a week late with their articles. ;)
  • HO87
    HO87 Posts: 4,296 Forumite
    Best be careful.

    MSE might impose a maximum post length or maximum number of posts daily and charge £10 for going over those limits.

    A restaurateur might charge you for dirtying his napkins or spilling food on his carpet, drinking from the wrong side of a wine glass or arriving a couple of minutes late for a booking.

    Supermarkets could impose extra charges for pushing a trolley the wrong way up/down an aisle, going over trolley use time limits or loading beyond the load line.

    Bus and coach operators might charge for failing to sit within seat lines or wiping the windows of condensation.

    It seems that provided there is some overriding principle in play and the charge is a deterrent against doing other than that principle then that's good enough - provided there was a warning sign.

    This is what this judgment allows for.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • phillw
    phillw Posts: 5,630 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To avoid junk mail I am going to start sending invoices for £100 to anyone who sends me unsolicited material.

    I'll make sure I put the sign somewhere which makes it pretty much unreadable.

    The supreme court says these charges are ok.
  • robbies_gal
    robbies_gal Posts: 7,895 Forumite
    Part of the Furniture 1,000 Posts
    rididculus just watching now-the charge the judge said wasnt unreasonable

    not looking good for my invoice!
    What goes around-comes around
  • Coupon-mad
    Coupon-mad Posts: 144,229 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lord Toulson was the only one who saw it for what it really is.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • fil_cad
    fil_cad Posts: 837 Forumite
    Part of the Furniture 500 Posts Photogenic
    Coupon-mad wrote: »
    Lord Toulson was the only one who saw it for what it really is.
    The rest must have shares in crapita.
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue. :eek:
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    I shall place this notice inside my car windscreen.

    Contractual parking offers:
    Any offered contractual parking charge notices shall be subject to a contract formation fee of £150, if you do not agree to this contractual offer, do not send a parking charge notice to the keeper of this vehicle.
    This is a Contractual offer to accept the contractual formulation charge.

    As I read the judgement of the Judges, this is good enough to constitute a contract, its a sign and they have ample opportunity to read and accept the offer.

    Lets not get over carried away here, they can have it one way or the other and what is good for the goose is good for the gander.
    Get your contractual offers printed and displayed in your cars, its open season !
    I do Contracts, all day every day.
  • Jim_AFCB
    Jim_AFCB Posts: 248 Forumite
    Sixth Anniversary
    Now that would make for an interesting court case.... I dare someone to try it! Anything to match the PPCs in the sh*t-housery stakes...

    It wouldn't work, surely... much as I would like it to! Especially with ANPR operated car parks. How could they enter into a contract?
    Bournemouth - home of the Mighty Cherries
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Jim_AFCB wrote: »
    Now that would make for an interesting court case.... I dare someone to try it! Anything to match the PPCs in the sh*t-housery stakes...

    It wouldn't work, surely... much as I would like it to! Especially with ANPR operated car parks. How could they enter into a contract?

    You have afforded them every available opportunity to read the contract, which according to the judges is more than good enough to form a contract.

    Lets be honest, it is not a bad thing they won.
    Now they will overcook the goose once and for all and MP's are going to be forced to act like they did clampers.
    Let us not forget, many Judges supported Clampers in court cases as well.
    I do Contracts, all day every day.
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