Those supermarket parking charges.

[jeds]

I also have mixed feelings on this. Generally, I hate parking charges and truly believe that all traffic wardens should rot in hell but this guy did take the p*SS. What bothers me is this: If he had out-stayed his welcome by just a few minutes, would the fine still have been for the same amount?

Let's face it, we have all been a few minutes late getting back to our vehicles and got away with it.

I wondered that as well, as I was typing. In the event he overstayed by 56 minutes so he probably got what he deserved. But your right, the big question is what would happen if it was 6 or 8 minutes? The charge wouldn't change - It's a fixed amount stated on the sign. And there's no chance of you not getting clocked by a warden because it's all done by EvilEye - sorry, I meant ParkingEye. So, unless there is a real person sat looking at the screen deciding whether to send the charge or not you are going to get it. And I'm not even sure these companies employ any real people. I imagine being a shlthead jobsworth is part of the job description.

 

[joe-90]

Only the Police and the Council can issue 'fines'. This wasn't a fine. It is an arbitrary amount dreamt up to fleece the motorist. The parking company actually PAYS the supermarket to fleece the motorist.

 

[mattylad]

There is no difference in how it is managed whether you overstay by 10 minutes or an hour.

The loss is also the same if 10 minutes or an hour i.e. £0.

So the $85 is actually a penalty for overstaying & not commensurate with the actual loss.

The judge was off his rocker and the matter is being taken at appeal to the next court up - the supreme one.
This needs another judge to overturn what that idiot has done and re mind people of what the actual law is.

 

[joe-90]

I think it went to the court of appeal - and lost.

 

[Brigadier]

So the $85 is actually a penalty for overstaying & not commensurate with the actual loss.

This is a max. time limit parking space, and therefore not about loss. The space is time-limited to (presumably) provide a service to motorists; if someone wants to stay longer, they park elsewhere.

 

[joe-90]

But every contract must have 'consideration', and civil law will only allow the recuperation of 'actual loss'.

 

[Brigadier]

Taking what you post above as correct, the 'actual loss' may however encompass more then just the lost revenue of the over stay. Potential loss of revenue to nearby shops, for example. Or cost to the council of providing such a space.

 

[joe-90]

It's nothing to do with the council. This is private land.

 

[tony1851]

One wonders what the legal proceedings have cost him so far?

 

[handyjack]

http://www.dailymail.co.uk/news/art...allenge-unfair-charges-park-private-land.html

 

[noseall]

Only the Police and the Council can issue 'fines'. This wasn't a fine. It is an arbitrary amount dreamt up to fleece the motorist. The parking company actually PAYS the supermarket to fleece the motorist.

Oh, the poor motorist. Bet he wishes he paid that extra poxy quid. Tightwads.

 

[joe-90]

Yes but it isn't a 'fine' it's a made up charge that is levied illegally. If it were a fine and the money went to fix roads etc then it wouldn't be so bad. It's just the old wheel clampers at work.

 

[tony1851]

it's a made up charge that is levied illegally.

If a car is parked on private property, and there are notices around advising that parking is free up to 2 hours, and £85 thereafter, how can it be an illegal charge?

 

[JBR]

I also have mixed feelings on this. Generally, I hate parking charges and truly believe that all traffic wardens should rot in hell but this guy did take the p*SS. What bothers me is this: If he had out-stayed his welcome by just a few minutes, would the fine still have been for the same amount?

Let's face it, we have all been a few minutes late getting back to our vehicles and got away with it.

I believe in future we are to be allowed up to ten minutes grace for forgetting to get back or being a little late.

An hour isn't a minor mistake.

 

[handyjack]

it's a made up charge that is levied illegally.

If a car is parked on private property, and there are notices around advising that parking is free up to 2 hours, and £85 thereafter, how can it be an illegal charge?

It's unreasonable...