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supermarket parking - motorprop

Parked in a London supermarket car park and have been issued with a demand for payment as my car was there over the prescribed 2 hours , which it was by about 30 mins. Fair cop

What can these companies do - what will happen in the event of non payment ? at least with council issued tickets you can appeal / explain. Do these mobs eventually resort to baillifs / clamping ?
supermarket parking - Armitage Shanks {p}
SFAIK it is actually unenforceable - full details at

www.honestjohn.co.uk/forum/post/index.htm?f=2&t=59...2

Have a look at pepipoo too.




Edited by Armitage Shanks {p} on 14/01/2009 at 12:09

supermarket parking - shawad
First off, are you sure it's a demand for payment? In most cases, it may appear to be so, but assuming this is from a private 'parking' company and not the council, on closer inspection you'll probably find it's a notification of intent to take you to court for breach of contract (parking in their car park) and to retrieve damages from you. The notice will make an offer to 'settle out of court' by paying them £60 (or whatever).

You can probably safely ignore it, I've never heard of anyone ending up in court.
supermarket parking - Pendlebury
Oh - don't you just love living in the UK at the moment.
Where will all this end up.
General moan over - sorry.
supermarket parking - daveyjp
Ignore it, or do like a retired friend with not much more to do. He wrote to the company in question with full detail of why they couldn't do what they were trying to do.

He also enclosed an invoice for the sum of £50 for his time and inconvenience.

Needless to say it was ignored and he received another letter.

So he wrote back with another invoice and a statement of outstanding amounts.

This went on until they "owed" him £300.

He then advised them he would contine to write a response to them every time they wrote and charge them £50. When the outstanding amount was up to £750 he would petition for a winding up order against the company. He heard nothing more.
supermarket parking - Maceman
By law the only course of action they can take is county court for "breach of implied contract" (ie you made a contract when you agreed to the conditions on the car park signs)

Contract law prohibits 'penalty charges' for breach of contract, so the only money they could claim are from 'Losses'

Was the car park free? If so, what have they actually lost? Nothing!

They will not take you to court. They will not do anything. (possibly a few letters if they bother to get your details from DVLA)

I suggest you ignore it - I ignored one and never even got a letter.

*This does not apply to council or police tickets which ARE enforcable*
supermarket parking - Pendlebury
That is useful information maceman - thanks for that.
supermarket parking - Maceman
one more point - to take YOU to court for breach of implied contract they would have to also prove that YOU were the driver of the vehicle. So unless they have photographic evidence of you driving then they can't make a claim against you.

As mentioned earlier there are letter templates etc on pepipoo if you want to respond to any correspondence they send you

(or just ignore it)
supermarket parking - Dwight Van Driver
Motorprop:

Read and inwardly digest.

www.tinyurl.com/2hr37d

You will now know where you stand.

Some would say write back saying under tyhe terms of contract it is up to them to ID the driver and as reg keeper there is no obligation for your to disclose.

Others would say don't and ignore as they cannot do anthing about it as they do not have details of the driver. (Advised a friend to do this whose relative was in the same position......some three months not gone....nothing further heard.)


dvd
supermarket parking - FP
Having been caught in this situation in a B & Q car park a few years ago I did research the position pretty thoroughly. I'm not a legal expert, by the way.

I came to much the same conclusion as others above. What is not on is the demand for payment of a "penalty" or "fine" (which cannot be legally enforced), based on the dubious assertion that a contract has been agreed.

If you look at the terms and conditions to which it is no doubt claimed you have agreed to, you may well find that you are supposed to have agreed to a contract with outrageous terms which no court would support as a reasonable or fair contract.

It did occur to me that it is perfectly reasonable for the owner of some land to charge people for parking on it and at one point I thought of writing to the organisation concerned and offering them a couple of quid as a fair charge.

In the end I discovered a special phone number B & Q have for complaints of this nature and got the issue dropped, but if it happened again I think I'd just ignore it, as others have suggested.
supermarket parking - BobbyG
What gets me is this, if these are not enforceable, why is there not a Public Information Statement issued saying to this effect? Why are these companies allowed to carry on this practice?

If it was more commonly known that these were rip-offs I am sure the whole industry would soon stop as landowners would not pay these parking firms the operational costs they no doubt receive.
supermarket parking - Maceman
BobbyG

You're right , the whole thing is a scam, but like so many industries in our great nation crooks get away with it by operating 'just' within the law.

Landowners (sainsburys, Tesco etc) use PPC's because they don't have the headache of policing the carparks themselves. I bet you'll find it's the ppc's who pay the landlords for the contract to operate the car park and then make their revenue from mugs like us who pay the fines!

supermarket parking - BobbyG
Maceman, when I was with Safeway we had to pay the car park enforcing company every month and it was quite a fee, to the extent we dropped it as it was too costly.
supermarket parking - Dwight Van Driver
Not a scam but a 'lawful' charge they can make.

The enforcement part and evidence collection is their let down and if they ploughed resources into it they could extract. I would gather however that the cost of this would well exceed what they get back on a ticket.

dvd
supermarket parking - Maceman
dvd

They sail very close to the wind legally - it is a criminal offence to try to extract money from people by sending them a document that puports to be 'official' or from an 'official source' when it is not. How many of these supermarket tickets look very similar to real parking tickets? Using the word 'penalty' when you are not legally allowed to charge a penalty is also misleading.

As previously stated, the ppc's are only allowed to 'claim' losses for breach of contract. Can they honestly (and legally) claim that they lost £30 by somebody staying 30 minutes too long in a free bay? Even if there was a parking charge of £1 per hour, their only losses for 30 mins extra would be 50p + a small admin charge.

Even with evidence a judge would never award them £30 losses in court. If they had a leg to stand on they would go down the court route as costs would be awarded to the winning party.

What they stick on your car amounts to nothing but an invoice pretending to be a fine. It's a scam.

supermarket parking - motorprop
thanks DVD, exactly the info I wanted, and to all other contributors .
supermarket parking - TedCrilly
I copped for one at a local out of town shopping area. I sent the ticket back with a simple letter along the lines of.......

Sirs,
Thank you for bringing this matter to my attention.
Despite me being the registered owner and keeper of the vehicle concerned I was not driving it at the time this event occured. I therefore suggest you contact the person who actualy commited the offence and take the matter up with them directly. As I am in no way responsible or liable for the actions of the driver concerned I am not able to help you any further with this matter.

14 months on and I am still waiting for a reply.
supermarket parking - 1400ted
Took them almost 9 months to send me a PCN and later a Final demand for £100 which I was very happy to ignore. Nothing further. The PCN is not a 'penalty charge notice' but made to look like one. PCN in their case means 'parking charge notice' If it says 'penalty', I beleive they commit an offence contrary to The Administration of Justice Act 1970. Section 40. You can report them to the police.
They make their money from the poor suckers who roll over and pay up.
Ted
supermarket parking - Rudedog
Does anyone know if this also applies to hospital car parks? As an NHS employee we have been issued with these tickets (as have many patients/visitors!), and they refere to them as 'penalty charge notices', is this valid? They also claim that it's public land and so that that makes a difference.
supermarket parking - BobbyG
Rudedog, good point.

Up here in scotland the Parliament has outlawed parking costs at all the hospitals. It used to cost £3 per day.

So its now free. But maximum stay four hours!
So my wife who is a nurse and who works 12 hour shifts cannot park in the car park where she could previously park for £3. So now has to try and find a local street to clog up instead whilst a large part of the car park lies empty now all day.

supermarket parking - Fullchat
Whats even more worrying is that DVLA seem quite happy to provide keeper details to anyone who can provide any excuse for wanting them.
supermarket parking - FP
"...DVLA seem quite happy to provide keeper details to anyone who can provide any excuse for wanting them" - and who is prepared to pay.

This is what the whole topic is about, isn't it? Money - not fairness, nor justice, but money.

Is it worth screwing the public? If yes, then screw them.
supermarket parking - L'escargot
Fair cop


It wouldn't take you 2.5 hours to do your supermarket shopping, so you must have intentionally parked in a carpark that you knew was provided free for customers only. Pay up.
supermarket parking - Harleyman
>>>> >>
It wouldn't take you 2.5 hours to do your supermarket shopping >>


Obvious who does the shopping in YOUR pond! ;-)
supermarket parking - Bilboman
If the supermarkets wanted to do this properly, all they'd need is a Pay and Display meter programmed to give first four hours or whatever free and a reasonably intelligent warden to patrol. All tickets to have registration number entered in machine first. Great big signs up stating that ALL vehicles parking there have to have a ticket - first x hours free. Anyone ignoring or "failing to see" the sign or over-running free period is breaking the rules, implied breach of contract, bingo.
supermarket parking - Old Navy
If the supermarkets wanted to do this properly all they'd need is a Pay and..........


Already done in Dundee. Exept only two hours free.

Edited by Old Navy on 15/01/2009 at 15:08

supermarket parking - motorprop
I was shopping at snail's pace.


Have been shopping at this store for years , never over the time limit, and noticed that in the last 2 years I haven't seen any more attendants and the booth at the entrance is unmanned. So , had to do Xmas shopping in mid December - only received the ' Parking Charge Notice ' yesterday. When I left the car park there was no sign on the car that I'd been nabbed .

So was a bit miffed to receive this ' Charge Notice ' a month on, based on sly photographic evidence taken from high up, and no , snail , as I don't consider £50 for 30 mins parking reasonable , I shall take all legal steps to ensure I do not pay on this one .
supermarket parking - L'escargot
I don't
consider £50 for 30 mins parking reasonable I shall take all legal steps to ensure
I do not pay on this one .


Just make sure it doesn't cost you more than £50 to do so, and that you win. There's no point in cutting off your nose to spite your face.
supermarket parking - Armitage Shanks {p}
My local ASDA charges £1 for 2 hours , refundable at the till on expenditure of £5+ in the shop. Parking is patrolled and legally enforceable charges are levied on overstayers. This seems to me the best compromise.
supermarket parking - Mr X
My local Asda has also introduced this and from that day, I have never used the place again. It is easy to go in to such a place for something and discover that they don't have any in stock. Then you are stuck with no refund of your parking.

Edited by Mr X on 15/01/2009 at 11:15

supermarket parking - Falkirk Bairn
It is easy to go in to such a place for something
and discover that they don't have any in stock. Then you are stuck with no
refund of your parking.



You have to be joking - "no refund on parking fee" - you could buy something
Bottle of wine + 4 pts milk

Screenwash + de-icer in teh winter / ice cream in the summer.............

I regularly park at Asda - £2 for 2 hours - go up the High St - then buy £5.00 of anything to get my £2 back - "free parking" rather than £2.00 to the Falkirk Council.
supermarket parking - Mr X
Not all of us have an abundance of funds to spend . I bet they make a fair view bob a week from shoppers who can't find what they went in for and leave empty handed. I've said it before, there must be quite a few millionaires logged in to the BR.
supermarket parking - FP
"...there must be quite a few millionaires logged in to the BR."

Ouch!
supermarket parking - Mapmaker
"...there must be quite a few millionaires logged in to the BR."

The ones with the old motors...
supermarket parking - Alby Back
Funny you should say that Mapmaker. One of my oldest friends has a lot of money. an awful lot of money, and has had for many years. Successful large business, employs a lot of people and pays them well. Houses in several countries etc.

He has never, though, spent his money on cars. He still has an ancient Peugeot 505 estate which appears to be held together with chewing gum and string. His wife drives an old Escort estate.

Books and covers eh?
supermarket parking - Armitage Shanks {p}
Without giving away too much I can say that I have a work colleague who is a fulltime GP, whatever that pays these days, and then does weekend shifts as a Duty GP in a hospital. He must be close to £150K a year and he drives a perfectly serviceable P reg Escort. Sensible man, it serves his purpose
supermarket parking - Andrew-T
>You must have intentionally parked in a carpark that you knew was provided free for customers only

I agree that it was probably a deliberate way to park free because other nearby options would cost. That is just human nature. But the supermarket might argue that (especially around Christmas) you are reducing their business by occupying a space which could have provided more profit - possibly £30 ?
supermarket parking - daveweim
Hi, may I clarify something as having read this thread I am not 100% sure where I stand in relation to my problem? I spent last weekend in the Lakes with my partner and her family and had a day out in Keswick. I parked in a pay and display car park owned by the Uni of Cumbria as the local council one was full. According to the notice, public parking Mon-Fri is forbidden but allowed on the weekend. On my return to the car I had received a Parking Charge notice on which it stated we had 'parked after the expiry of time'. This surprised us since we believed we had paid the correct amount for 'x' hours. Upon reading the Pay & Display notice carefully it appears that we had paid the Mon-Fri hourly rate (presumably for uni staff) and not the increased saturday hourly rate for the general public. We had therefore unwittingly paid for less time than we assumed we had hence the parking charge notice. I acknowledge that I should have read the notice more thoroughly at the time of payment but my intention was to pay the correct amount and it was an honest mistake.

Having read this thread am I in the same position as the original post with his supermarket charge and so can follow the advice on here and ignore the parking charge notice or is my situation different and I am obliged to cough up the money? The in-laws are in the same boat as me too so any advice would be welcome.

Many thanks.
supermarket parking - 1400ted
The title gives it away, You have a Parking Charge Notice. If it was official it would be a Penalty Charge Notice. Have a look at who is asking you for money, if it is 'The Fred Bloggs Parking Co.' then it is a civil matter as described in previous posts.
Ted
supermarket parking - Dwight Van Driver
If you want to be abolutely certain contact Keswick local Authority to see if there is an Off Street Parking Order in force for the area concerned. If none then it is a civil matter as discussed. If there is....Pay.

dvd
supermarket parking - BobbyG
Thanks to this thread, I am 90% certain that the notice my wife received today is invalid.

At her hospital, they have recently changed the rules from pay and display to 4 hours free parking. She was parked for 12. She is adamant there is no signage up whatsoever (out of curiosity and behind her back I am going to check tomorrow). Indeed fellow nurses have been parking all day up to and including yesterday without any charges.
She parked there as the overflow car park was covered by ice and has quite a steep hill to access it.

Anyway she received a "£40 Charge Notice" from CP Plus Ltd with the usual, pay within 14 days she only needs to pay £20.

If my reading of all this is correct, if she does not pay, then if the company contact the registered keeper of the car, that person is not legally bound to tell them who was driving and therefore who, in theory, broke their contract.

Do I need to check re DVD's point of establishing if an Off Street Parking Order is in force or would this not be for a hospital car park and also if it was, would it be a private company like this who was enforcing it or council traffic wardens,

As I said, I am 90% certain, would just like reassured for the other 10%....
supermarket parking - motorprop
the latest to my original thread is that I wrote a letter as helpfully suggested here : ' Thanks for bringing the matter to my attention, am registered keeper but cannot say who was driving on that day etc , have a nice day ...

Received a response today from their solicitors today saying they have been asked by their clients, CP Plus , who apparently manage the car park , stating that I could be clamped if I ever parked in a car park managed by them again ...


A bit spiteful, but I suppose their prerogative ?

Edited by motorprop on 21/01/2009 at 22:55

supermarket parking - BobbyG
Sounds like threatening behaviour to me!!!

Luckily, up here in Scotland , clamping is illegal....
supermarket parking - 1400ted
When I was a controller for a nationwide breakdown club, one of our admin girls was clamped on a car park that we rented. The clampers were really nasty and insisted she paid up.
The control manager sent out our local breakdown agent who lifted the car and took it back to his depot. There, his mechanics took the clamp off with no damage to it and it was put on the next long distance recovery...somewhere in Scotland, I think, and left it at our agents there. The clampers were told where it was and that they could come and collect it anytime as the garage was open 24/7...no problem. I don't know if they ever did.
A small victory for us !
Ted
supermarket parking - motorprop
aye , sounds like it. Perhaps I should register the cars north of the border ?
supermarket parking - Pugugly
But as satisfying to them as it was to you no-doubt ! Very much like a drunken ex-client who gave me the V sign one afternoon. The last thing he expected was the same response from me (suited up in an expensive saloon) - he had the good grace to laugh when I did it. Honour satisfied.
supermarket parking - daveweim
Thanks to all for the advice provided. Like BobbyG i am 90% convinced that I should ignore this ticket but am seeking reassurance regarding the remaining 10%. My concern is that on the ticket they have ticked the box saying that there is photographic evidence available. I do not know if this is evidence of me driving into the car park or a photo the attendant took of my car. My understanding of what has been written here is that if the company has evidence of me driving then I am more or less obliged to pay up as everything appears to hinge on whether the company can or cannot prove who was driving the vehicle at the time.
supermarket parking - Mookfish
A bit spiteful but I suppose their prerogative ?


And I see it as your prerogative to forward a copy to the supermarket in question and state that as a result of this you will no longer be shopping there.
supermarket parking - L'escargot
And I see it as your prerogative to forward a copy to the supermarket in
question and state that as a result of this you will no longer be shopping
there.


But no longer shop there only if you can do your shopping just as cheaply and conveniently elsewhere!
supermarket parking - motorprop
definitely can shop elsewhere , or take car # 2 to shop there , but not before I invite their ( lawyers' ) opinion on how they can threaten to impound a car when the law stipulates that their issue is with the driver , whom they have not identified ?
supermarket parking - L'escargot
............. their issue is with the driver whom they have
not identified ?


Goodness me, motorprop. You know you were the driver and you've admitted it on here so a goodly percentage of Backroomers know you were the driver. Stop being obstructive and pay up!
supermarket parking - Pugugly
Moral compass needle swinging wildly !
supermarket parking - Andrew-T
>You know you were the driver and you've admitted it on here

.. and the same goes for Daveweim, if they are guilty of knowingly parking in a clamping area but just can't take the pain of paying up. You took a chance and it didn't come off. Of course you COULD take another chance on the 'photo evidence' being a bluff ...
supermarket parking - daveweim
I didn't take a chance as you say; it was a genuine error as we paid the wrong rate and so had less time than we thought. If i were going to take a chance as such I would have parked and not bothered paying at all. The consequences would have been the same.
supermarket parking - Andrew-T
>We paid the wrong rate and so had less time ...

So you made an unfortunate mistake. My wife suffered a more frustrating experience (not a supermarket, a council car park) - she put in the right money but the machine accepted one coin but didn't recognise it. So she was fined for apparently paying 5p short. It didn't make any difference what she said, even though paying 5p less made no sense (other than to save 5p).
supermarket parking - shawad
Goodness me motorprop. You know you were the driver and you've admitted it on here
so a goodly percentage of Backroomers know you were the driver. Stop being obstructive and
pay up!


Why don't you stop insisting that someone pays an illegal penalty for an alleged breach of contract that has nothing to do with you?

No law has been broken (other than by the parking charge being an unfair term in consumer contract).

Edited by shawad on 28/01/2009 at 09:21

supermarket parking - L'escargot
Why don't you stop insisting that someone pays an illegal penalty for an alleged breach
of contract that has nothing to do with you?


D'oh! Pardon me for breathing! I'm pleased you didn't just ignore me though!

Edited by L'escargot on 28/01/2009 at 09:41

supermarket parking - FP
"Received a response today from their solicitors today saying they have been asked by their clients, CP Plus, who apparently manage the car park, stating that I could be clamped if I ever parked in a car park managed by them again ...

A bit spiteful, but I suppose their prerogative?"

Perhaps it is not their prerogative.

I'm not a lawyer, but I'd say that CP Plus would be on dodgy ground if they were to clamp, in a car park owned by A, the car of someone who is alleged to have committed an offence in a car park owned by B - the only link between the two being that both are managed by CP Plus.

Perhaps even the act of clamping, in view of the doubtful legality of the original demand for money, would be dodgy.

And, if I'm correct, why on earth is a firm of solicitors making such a threat (apart from the possibility that CP Plus pay their lawyers well)?

Perhaps our lawyer friends here in the BR may care to comment.

Edited by ChrisPeugeot on 22/01/2009 at 18:11

supermarket parking - Altea Ego
BobbyG

If she is parking over the allowed time for free (and by not paying the charge notice that is what she is doing) She will have to declare the free parking as a taxable benefit. Possibly at the rate of £20 a day.
supermarket parking - pda
This sort of thing is normal practice at CP Plus.
They operate most of the Motorway Service Area car and lorry parks as well.

I went into Ferrybridge MSA a few weeks ago to do a trailer change with another lorry from our firm.

There was an attendant on duty who walked past us twice but didn't speak at all and we were in a rush anyway.

Three weeks later my Boss recieved 2 parking penalty charges of £80 each from CP Plus's Soliciter and it stated that we were logged in there for 9 minutes only.

There is no notice to state that there is a charge for this, we wasn't asked to pay at the time by the attendant.

I rang and complained as I have dealt with them on the PDA's Members behalf before and they agreed to waive the charge for just 9 minutes, because it was me!
But they defended it by saying that the notice states that no 'commercial reward' should be gained in their premises??
When I asked what the charge was if I wished to pay it at the time I was told both lorries had to buy a 24 hour parking ticket at £20 each to enable a 9 minute trailer change.

Apparently a trailer change is classed as just that.

I have since asked at all the MSA's I have parked at what the situation is ( as they are all operated by CP Plus) and without fail have been told that the Attendants cannot make a charge at the time, even if you offer to pay because they don't have a receipt to give you. BUT they are told to 'log' the vehicle numbers and send them to head office to be issued with a penalty notice.

Can anyone tell me if this is legal to charge in this way without making it possible to pay at the time?

Pat


Edited by pda on 22/01/2009 at 18:33

supermarket parking - pda
I was rather hoping for a bit of 'direction' on the above post but it seemed to die!

I've brought it back up again but if I'm out of order Mods, please feel free to remove this:)

Pat

Edited by pda on 28/01/2009 at 05:06

supermarket parking - Old Navy
Although we appreciate the input of the "truck driving" community its hardly supermarket parking, (unless thats where you are trailer changing). You may get an answer on a truck dedicated forum where there may be greater knowledge of this problem.

Edited by Old Navy on 28/01/2009 at 08:25

supermarket parking - pda
Old Navy

The fact that the parking is operated by the same firm is the link quite clearly.

Pat
supermarket parking - Old Navy
Only trying to help, the average car driver doesnt carry out commercial activity in their local supermarket car park. Admittedly there are people with legal expertese here who may choose to pass an opinion on car (msa) park operators.