Interesting decision by the court of appeal on a car parking charge
Worth a read, especially if you like legal 'argument'
Fair play to the bloke, he says he is now taking it to the supreme court so isn't going to take it lying down...
http://www.dailymail.co.uk/news/article-3052063/Victory-parking-cowboys-Appeal-court-throws-chip-shop-owner-s-challenge-unfair-charges-park-private-la
nd.html
Id be more sympathetic if his overstay wasnt so long...
There would have been signs up etc etc.... so claiming that its "not fair" given all the information was displayed is silly...
Had he been 10 mins late... I would understand.... but an hour?! Really?
I would normally agree Tegwin, but the man does have a point that £85 does not represent any damage caused to the company by his overstay.
The point is that it was a free carpark and private companies cannot 'fine' people for overstaying but they can recover any loss and costs. So is £85 a fair figure for the loss that a company running a free carpark might endure?
I thought it was already the case that fines from private firms in free car parks was unenforceable.
2 hrs and 56 minutes is not an unreasonable time to spend at a retail park. Modern Sainsburys superstores can be so large it can take 20 minutes to find an item at the other end of the store, so add a visit to B&Q, M&S, Boots and a stop for coffee and you easily have 3 hours.
Thinking it over this is all about protecting the very profitable relationship the DVLA has with the parking extortionists.
The DVLA sells on vehicle registration details too easily, a parking overstay by one hour is not sufficient justification.
The court deemed this not to be a fine but rather recovery of loss/costs. Hence why their business model still works.
Which party will be first make reform an election pledge?
SNP....today we launch our strategy to ban all carparks in England. This is for your own good as we want you to be progressive and get so pissed off
you tell us to do one....
[Edited on 24/4/15 by jeffw]
quote:
Originally posted by jeffw
SNP....today we launch our strategy to ban all carparks in England. This is for your own good as we want you to be progressive and get so pissed off you tell us to do one....
[Edited on 24/4/15 by jeffw]
The SNP were the first to stop the wheel clamping cowboys years ahead of Westminster.
wheres my popcorn
the point here is,the parking co say that the driver caused them to loose £85 in parking fees,in reality there were probably plenty spare spaces so no
one got turned away and if it was full,they wouldnt be charging £85 for a couple of hours anyhow.
mate of mine is going through this at the mo and as he has a company car he is a tad worried.
i am sure his local paper will pick up on the story,people will boycott the stores that use that carpark,the stores will sit up and take notice.
The court has probably decided that it's a reasonable fee as there are background costs to chasing it up - manpower, DVLA charges, computers, post, building rental, etc. It would however be more reasonable to say that they should have to demonstrate a real loss BEFORE adding these charges - which in any free car park that is not full would be impossible.
quote:
Originally posted by SteveWalker
The court has probably decided that it's a reasonable fee as there are background costs to chasing it up - manpower, DVLA charges, computers, post, building rental, etc. It would however be more reasonable to say that they should have to demonstrate a real loss BEFORE adding these charges - which in any free car park that is not full would be impossible.