Hi Tom
On Wednesday 25/11/2009 at 9:29 am, James Wonnacott wrote: tom wrote:
james kilty wrote:
On Tue, 2009-11-24 at 20:39 +0000, James Wonnacott wrote:
private parking?????
Under the current law, if you overstay in a private car park, you are only liable to be sued for damages which is the payment you should have made. "Fines" are not actually legally enforceable unless the car park is subject to the Road Traffic Act. They in fact are a scam to get more money for the firm acting on behalf of the owners. The firm tries to coerce you with threats which lead to bailiffs arriving - not true as contract law would go before a County Court, not a magistrates court. Most people cave in thinking the sticker on the windscreen has legal backing.
Alas, in the UK it appears that clamping is legal, unlike Scotland, even though it is disproportionate, which is why fines are not legal. It is a m,ess and there is legislation coming forward to deal with this, but I cannot seee it restoring the correct state of affairs. Hence my letter to the MP.
It is a tricky one - I say this as someone who has spent ~£1000 on transport due to the fact some idle idiot had parked across our driveway blocking in our cars. I had two choices - buy a clamp+notices and get back some of the money for car hire from the dick-head who parked there or phone the police and get it towed away after several hours - this cost the prat who parked his car there £300 but I got nothing back. What would you recommend in that situation? Tom te tom te tom
When I was working for an engineering firm a while ago we had a long very wide drive which had adequate parking for a car and allow another car to pass. People took this as an opportunity to use it as a car park. However, delivery lorries did find this difficult to drive down. So I put up notices and bought a clamp and charged. Made over a £1000 in week 1, very little in week 2 an then because they and more came back in week 3 we made over £1500. It was great. After that we had enough to buy gates!
Rich
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