Help with parking ticket.

Tonymufc

last night (28/10) I went to my local Asda (Eastlands, Manchester) to do some shopping. After trawling the car park for several minutes looking for a parent and child parking space ( I had my young son with me) I decided to park on hatched markings on the end of the disabled bays. My car wasn't causing an obstruction and there was over a doors length between me and the car next to me. After returning to my car I found a parking ticket. £30 if payed within 14 days, £60 if not. This is a private car park so my question is, can they do this? Its not a public highway. I should add that it wasn't Asda that put the ticket on there but the contract company they employ during match days. Oh yeah city were playing at home. Do I have grounds for appeal due to the fact that there wasn't sufficent carpark space. Are there any legal eagles on here. HELP!!!!!!

skinson

try this letter out mate..

I have received a parking charge notice under your reference 386161.

To enable me to consider your claim, please advise of the following:

1. What evidence do you hold that shows I was parking in your car park over the
allotted time? If you hold documentary evidence please provide copies of the
same. As a private car park, any claim you have lies in contract and not in Statute.
I could only be contractually liable if I personally parked a car in the car park.
Mere evidence that a car registered to me was parked in your car park does not
prove that it was the case that I parked it.

2. What are your charges for parking in your car park? If there are no charges then
what are the contractual terms that you (your client) apply in relation to this car
park?

3. Please provide me with a copy of any ticket you claim to have issued.

4. Please advise me how it is alleged I have breached any purported contract?

In anticipation of receiving the documents requested above I would make the following comments:

1. As your claim lies in contract it represents a claim for damages for breach of
that contract. Your penalty charge of £85 bears no correlation to the damages you have allegedly incurred.

2. In light of the damages you have claimed, your claim represents a penalty
charge and is consequently not recoverable in contract law.

3. It is my view that any contractual terms you rely upon to claim your penalty
charges are unfair and consequently unenforceable pursuant to the Unfair
Terms and Consumer Contracts Regulations 1999 and the Unfair Contract
Terms Act 1977.









Please refrain from any further contact regarding this matter unless and until you have answered each of the points above and where appropriate provided copies of the letters referred to.


I have found your letter distressing and put you on notice that any further
attempt to demand monies from me without responding to my reasonable request for
information as set out above, will result in my solicitors being instructed to bring
proceedings under the Protection from Harassment Act which entitles me to an award of damages together with a non-harassment order. In that event my solicitors will also seek the costs of those proceedings.





Yours faithfully

Dave

Obviously change charges etc to suit your case

Tonymufc

Thanks for the reply mate. Would me confronting the five bloodsuckers that gave me the ticket count as evidence. Ive been reading through a web site that simply says to ignore the ticket as they have no legal backup. Any ideas?

skinson

My friend has used that letter on more than one occasion, resulting in an apology from the ticketing company....use it !
dave

STEFANOS4784

EDITED


Trawling the car park for minutes you say, christ what a nightmare, certainly puts the people walking miles to fetch filhy water in Africa in their place :roll:

Slow Downcp

That's what happens when a United fan parks next to City's ground.

What do the signs say that will have been scattered around the carpark?

mikespike80

Have a read of this page:

http://www.moneysavingexpert.com/reclai ... ng-tickets

That said, as harsh as it seems, you did park inappropriately and the ticket seems fair. :oops:

Good luck with what ever you do though!

beverick

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an arse..

Bob

Chip \'oyler

beverick wrote:

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an ars*..

Bob

Agreed. My wife is disabled, we have blue badges and it's a fookin annoyance when people who aren't disabled park in the bays. You were parked where you shouldn't be.

You and your child have got legs that work - fookin use them and park in a designated space further away.

shouldbeinbed

I work by that car park, its a big fekker - even at christmas with city at home I've never seen it chock full. and TBH even the furthest bay away is within easy range of the doors.

Pross

Chip \'oyler wrote:

beverick wrote:

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an ars*..

Bob

Agreed. My wife is disabled, we have blue badges and it's a fookin annoyance when people who aren't disabled park in the bays. You were parked where you shouldn't be.

You and your child have got legs that work - fookin use them and park in a designated space further away.

I agree on the parking where he shouldn't be but he doesn't say he was in a disabled bay just next to one. If he means the hatching that ensures adequate clearance for disabled access then throw the book at him but I read it to mean the hatched island at the end of an aisle. Still no excuse though, do what everyone else does and drive around until there's a space. That said it goes against the grain to pay anything to private parking companies!

zedders

Just last night I parked in my local car park to pop into the co op. Everytime I go there someone always parks on the end of the row causing a slight obstruction just because they can't be bothered to park 10 yards away in a almost empty car park.

It really bugs me when people can't be bothered to park a car correctly in a car park? I mean its a car park man, with lots of specific spots for you to put your car in? Am sure if you parked in spot furthest away from the doors? It would take you all of 1 minute to walk. You park where you like, in a postion where your not ment too? Sorry no simpathy. :evil:

Just a word of warning, most car parks are classed as public places and still come under various road traffic regulations including causing obstructions etc.

GavH

You parked somewhere clearly marked as not being a car parking space? And you got caught? Now you want help on getting off with it?

I'm intrigued, would you murder someone (knowing as we all do that is illegal) and then post here asking for help on getting away with it?

BIG difference in severity, but nevertheless you've still been caught doing something you should not have so I'd vote for manning the feck up and take it.

alfablue

I'm sick of people parking just anywhere they want, often illegally. The arrogance of motorists! You deserve the fine.

volvicspar

Haha, I bet the OP regrets starting this now (either that or it's a deliberate wind up )

Go and do 10,000 laps of the Velodrome at an average of at least 25mph and you might be forgiven

nwallace

Important question here.
Does the car park come within the bounds of the Road Traffic Act?

It is possible that it does even though it is private land.

If it does and they have evidence a criminal charge could be brought with the police by the owners.

If it doesn't then any marking is only advisory and Civil law applies, and Civil law does not compel the Registered Keeper to identify the driver and the petitioning party have to prove the identify of the offender.

I wonder what would happen if you placed a contract on your vehicle informing of a £100 fine to any company responsible for placing a parking ticket on your car. Breeching an implied contract to inform you of a breech of implied contract by the driver of the vehicle.

If the RTA was enforceable in MOTO service areas the speed limit signs would be minimums not maximums as they are blue backgrounds (amongst other oddities that contravene the Venice convention)

alfablue

zedders wrote:

Just last night I parked in my local car park to pop into the co op.

Yeah, the Co-Op! At my co-op drivers regularly park outside on double yellow lines, enforcing long queues to form as it is only a single carriageway - utter selfishness. Last week I told one such to**er to park somewhere else and showed him the queue already forming. He said "there is nowhere else" - I pointed out the side road 50 metres away - plenty of room. Too dammed lazy, selfish and arrogant to look! grrrrr :twisted:

andy162

I used to work for Transco dealing with gas emergencies etc. Twice I got busted whilst attending emergency jobs.

First time I has the van on a side street, flashing ambers on, beacon flashing etc. The van was parked on double yellows but these had perished to a point that hardly any yellow paint remained. As I walked back to the van, gas detector in hand, Warden has ticketed van. I state what I was doing & why. She states that if I send in a copy of my work document stating that I was attending a gas emergency they would cancel the ticket. I do this also including photo's of non existant lines etc.
Get a reply from Rotherham council saying " pay up". Intact lines are " advised but not essential"....I took 1hr 15min to count £30 in copper from the jar. Waltzed in with two bulging Tesco bags. Present ticket. "Cash, card or cheque?" , "Cash please". I reply. Plonk several kilo's of shrapnel on counter & tell them " it's all there, if it's under write to me & I'll drop rest in. If it's over you can keep it".

Mrs Andy deplored my actions, most workmates expected grand plan to fail. Never heard a whisper.

Another time on a similar incident got cowboy clamped. Back a van 2 dudes are waiting. Imagine extras from Shameless & you're about there. They demand £80 to release van. I was parked in a private car park for shops, where you'd get deliveries dropped off etc. I had been called to one of said shops so I would say I had every reason to be there. They wouldn't wear that, £80 or van gets towed.

On closer inspection wheel clamp is held inplace by a brass padlock, no more than a tenners worth. I tell them I've made a call to my colleague who has an acetylene torch onboard. I will have him burn lock off then they can claim for a new lock from Transco. My
mate turns up gets ready to fire up the flamethrower. They take clamp off & retreat.

Mr_Cellophane

This will help for the furture

alfablue

andy162 wrote:

I used to work for Transco dealing with gas emergencies etc. Twice I got busted whilst attending emergency jobs.

First time I has the van on a side street, flashing ambers on, beacon flashing etc. The van was parked on double yellows but these had perished to a point that hardly any yellow paint remained. As I walked back to the van, gas detector in hand, Warden has ticketed van. I state what I was doing & why. She states that if I send in a copy of my work document stating that I was attending a gas emergency they would cancel the ticket. I do this also including photo's of non existant lines etc.
Get a reply from Rotherham council saying " pay up". Intact lines are " advised but not essential"....I took 1hr 15min to count £30 in copper from the jar. Waltzed in with two bulging Tesco bags. Present ticket. "Cash, card or cheque?" , "Cash please". I reply. Plonk several kilo's of shrapnel on counter & tell them " it's all there, if it's under write to me & I'll drop rest in. If it's over you can keep it".

Mrs Andy deplored my actions, most workmates expected grand plan to fail. Never heard a whisper.

Another time on a similar incident got cowboy clamped. Back a van 2 dudes are waiting. Imagine extras from Shameless & you're about there. They demand £80 to release van. I was parked in a private car park for shops, where you'd get deliveries dropped off etc. I had been called to one of said shops so I would say I had every reason to be there. They wouldn't wear that, £80 or van gets towed.

On closer inspection wheel clamp is held inplace by a brass padlock, no more than a tenners worth. I tell them I've made a call to my colleague who has an acetylene torch onboard. I will have him burn lock off then they can claim for a new lock from Transco. My
mate turns up gets ready to fire up the flamethrower. They take clamp off & retreat.

Hey, good stories - of course, your emergency work should be exempt.

A few points, the council are entitled to refuse your payment in coppers; in your second story, of course if you had cut the padlock you may have committed criminal damage (assuming they were legally entitled to clamp you).

Back to the first story, I got ticketed in my own residential parking zone, for which I pay £85 per year, but bizarrely I was in a section denoted as 2 hours max parking. The only sign indicating this turned out to be at knee height, 30 metres down the road, and concealed by parked cars, whilst opposite my car was a "zone 7 residents permit area" sign. I sent photos to the council and protested the lack of clear signs, they told me it was tough, my fine doubles in 14 days if unpaid, I can appeal to the ombudsman. This scared me into paying up. 3 weeks later, the council installs 10 different signs on posts all up my street - obviously they thought I had a point! I think the council refuses appeals by default, and it is necessary to appeal to the ombudsman, who apparently overturns a high rate of parking fines. I wish I had done so! It is particularly galling when I have paid for parking already.

andy162

Re: above post, Rotherham council could've refused payment I know. Father in law warned me of this prior to my " Payment in pence protest". I didn't know if it'd work either. In for a penny....

Padlock incident, I bluffed 'em to be honest. But I thought if it did end up in small claims I'd have to cough up for the lock. I'd be worth it anyway.

Emergency work usually got us off. I had to park on yellow lines hundreds of times over the years & this was the only 2 occasions I ended up with tickets etc.

alfablue

andy162 wrote:

Re: above post, Rotherham council could've refused payment I know. Father in law warned me of this prior to my " Payment in pence protest". I didn't know if it'd work either. In for a penny....

Padlock incident, I bluffed 'em to be honest. But I thought if it did end up in small claims I'd have to cough up for the lock. I'd be worth it anyway.

Emergency work usually got us off. I had to park on yellow lines hundreds of times over the years & this was the only 2 occasions I ended up with tickets etc.

My plumber has been stung 3 times in my street - Bath must be parking hell!

pepelepew

Some of the people these private car parks employ are sometimes a little over zealous. :roll:

Some time ago I had a warning notice placed under my windscreen advising me that I shouldn't park on their double yellow lines in front of Boots. Fair enough. Perhaps I should have driven around looking for a suitable place to park. I mean, the staff dealing with the aggressive shoplifter could have waited. Perhaps the silver Focus with the bright blue and yellow battenburg design and blue lights was too subtle for him to come to the conclusion that my parking there was necessary. Particularly as he was carrying a radio allowing him to listen to the security system of the retail park. :oops:

Anyway, back to the original point. Think you're bang to rights.

Pross

nwallace wrote:

Important question here.
Does the car park come within the bounds of the Road Traffic Act?

It is possible that it does even though it is private land.

If it does and they have evidence a criminal charge could be brought with the police by the owners.

If it doesn't then any marking is only advisory and Civil law applies, and Civil law does not compel the Registered Keeper to identify the driver and the petitioning party have to prove the identify of the offender.

I wonder what would happen if you placed a contract on your vehicle informing of a £100 fine to any company responsible for placing a parking ticket on your car. Breeching an implied contract to inform you of a breech of implied contract by the driver of the vehicle.

If the RTA was enforceable in MOTO service areas the speed limit signs would be minimums not maximums as they are blue backgrounds (amongst other oddities that contravene the Venice convention)

Think you may mean the Vienna Convention (sorry, just completed a dissertation on Traffic Sign Clutter) :oops:

cedargreen

You couldn't be bothered to walk more than a few yards and parked in an area you knew you weren't supposed to and now you're annoyed because you got a ticket.

Maybe a cycling forum isn't the best place to try and get sympathy for your poor hard done by motorist sob story.

sicknote

Chip \'oyler wrote:

beverick wrote:

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an ars*..

Bob

I understand how you feel but I would bet that most of the people that had parked in the parent and child bays did not have children with them as I point out a lot around where I live.
When my kids where little, I would have to park so that me and my daughter could get out my side and lift my son out by getting a handful of his jacket to get him out of a normal parking space.

I would not have done what the op did but do also understand it, there are to sides to this.

Agreed. My wife is disabled, we have blue badges and it's a fookin annoyance when people who aren't disabled park in the bays. You were parked where you shouldn't be.

You and your child have got legs that work - fookin use them and park in a designated space further away.

Anonymous

I think the OP's car should be used as a decoration between two jumps on the 2012 Olympic BMX Track.

sicknote

Chip \'oyler wrote:

beverick wrote:

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an ars*..

Bob

Agreed. My wife is disabled, we have blue badges and it's a fookin annoyance when people who aren't disabled park in the bays. You were parked where you shouldn't be.

You and your child have got legs that work - fookin use them and park in a designated space further away.

I understand how you feel but I would bet that most of the people that had parked in the parent and child bays did not have children with them as I point out a lot around where I live.
When my kids where little, I would have to park so that me and my daughter could get out my side and lift my son out by getting a handful of his jacket to get him out of a normal parking space.

I would not have done what the op did but do also understand it, there are to sides to this.

cougie

I've never known a supermarket parking area to be that full outside of the Mad Xmas Panic.

I always park in a nice big space away from the other cars cos some drivers are eedjits and smack your paintwork with trolleys or their doors.

You parked in a stupid place - pay the fine and learn the lesson.

Chip \'oyler

Sicknote wrote:

Chip \'oyler wrote:

beverick wrote:

"....I decided to park on hatched markings on the end of the disabled bays".

So you parked in an area where it was quite clear that you shouldn't.

"My car wasn't causing an obstruction...."

Yes it was, it was parked in an area where there were hatched markings placed specifically and quite deliberately to stop you.

You got a ticket for your trouble.

Just pay the damn fine and next time don't be such an ars*..

Bob

Agreed. My wife is disabled, we have blue badges and it's a fookin annoyance when people who aren't disabled park in the bays. You were parked where you shouldn't be.

You and your child have got legs that work - fookin use them and park in a designated space further away.

I understand how you feel but I would bet that most of the people that had parked in the parent and child bays did not have children with them as I point out a lot around where I live.
When my kids where little, I would have to park so that me and my daughter could get out my side and lift my son out by getting a handful of his jacket to get him out of a normal parking space.

I would not have done what the op did but do also understand it, there are to sides to this.

Sorry what sides are there? He parked where he shouldn't be parking and got a ticket. If the OP is going to do illegal stuff at least he should have the balls to take the punishment on the chin

Tonymufc

Wow! I didn't realise there were that many angels on here. Nap D. I'll remind your collegues about that the next time they park their cars, vans, range rovers and whatever other police vehicles there are, in front of the fekkin front doors which are CLEARLY marked pick up/drop off. Trust me they aren't leaving the store with shoplifters more like shopping. I wonder if they were parked there on the same night I was would they of got a ticket? Would they fook! Come on peeps get your heads from up your self righteous arses and get a grip. :x