Nursery school Fines

Mupette

A_Wardell wrote: »

I received a fine from the nursery school today because I collected my child 37 minutes late on Wednesday lunchtime.
£74 for 37 minutes!!!
Unfortunately I was in the middle of our Companies VAT submissions on Wednesday and yes, it slipped my mind to collect my daughter at 2.30pm. The school phoned me at about 2.59 to remind me. I immediately made a plan to have my father go collect her. This morning I received a bill for £74 because we were 37 mins late.
I would understand a charge if it was the end of the day and the teachers were waiting to go home, or if there was children waiting to enter the nursery school establishment and due to my child still being there and the staff / child ratios meant they had to wait for my child to be collected before they could let another one in...
The usual price for the 5hour session is £19.95.
Am I the only one who thinks that the charge is excessive?! For £74 my child could have another 3 (almost 4) half day sessions!
If I had been sat at home watching a soap and simply forgot to collect her I would understand, but the fact that i was at work, trying to earn money to feed my family, i would expect them to be abit more accommodating! I would have accepted to pay the cost of a dedicated member of staff for the 37 minutes or something reasonable.
I work 24 hours a week to fit in around school runs and children's education, but that fine is almost HALF of what I earned this ENTIRE week!
Is this excessive fine legal?
Regards
Ashley

But you did forget, Perhaps it's time to set an alarm to make you aware.

Like others have said, maybe excessive so that you won't do that again. The nursery doesn't run around you, so regardless that you were preoccupied with work (hope you got overtime for staying on) you have a contract with the nursery.

onomatopoeia99

unholyangel wrote: »

OP, unfair terms guidance may provide useful to you:



They can't impose a financial penalty no matter what the T&C's say, they are void (and therefore unenforceable) under english & scots law. You are liable for any reasonable costs they incurred as a result of your breach, but they can't inflate that sum or profit from the breach. However if this hasn't been a one off, you may find this is the accumulation of their actual losses in which case, they would be entitled to claim it.

Although I would also point out that some people can struggle to find a good nursery and if you are in that position, you may want to think twice before kicking the hornets nest.

Recent case law on penalty in contracts may affect this. The wider interests of the innocent party (the nursery) can also be taken into account, there is no longer a need for the charge to be a genuine pre-estimate of loss.