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Pomp #200202 24th Jan 2008 2:52pm
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Originally Posted by Pomp
Can't go no where these days without feeling safe about not having a fine slaped on your windscreen.

withthat

If I ever got one, ill taske Alex85's advice, and let ASDA come chasing me for the money!!

Cheers Alex!

smile

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MattLFC #200343 24th Jan 2008 7:26pm
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Well look at it this way, if you paint double yellows on your driveway and start charging people who park on it - do you really think you could take them to court and get them to pay?

The legal reasons stem from the fact that it is these fines fall under contract law and not criminal law; contract law requires offer and acceptance.

Therefore, the contract is formed with the driver, not the registered keeper and as such, when Asda send you as the RK of the vehicle a reminder note etc, my usual reply is please let me know the name of the driver with whom you formed the contract with and i will pass this notice on asap.

Thats the simple method... i usually send the following letter (ive had a few of these private parking fines);

Quote
To whom it may concern
[Add their title and address}

I am in receipt of your letter dated [insert the date] alleging that a vehicle registered to me parked somewhere it shouldn’t have within a private car park [insert details as required]

As I am sure you will be aware, it is the driver of the vehicle with whom any contract to park was made, not the Registered Keeper and as such I will also require confirmation of who the driver was that made the contract with you.

You will also be aware that the terms of any such contract must be set out in such a manner as to be obvious to anyone with whom you wished to make the contract. These terms must comply with all applicable contract law, such as the Unfair Contract Terms Act 1977.

Should you wish to pursue this claim, please supply evidence that the person parking the vehicle you allege to have overstayed the set duration would have had the opportunity to read the contract terms. Such evidence must be, as a minimum:

* a detailed route and timings of the vehicle's travel into and through the vehicle park;
* a detailed route of the driver's passage out of the vehicle and into the store - this and the evidence listed immediately above are to show that the driver had reasonable opportunity to see and read the contract terms;
* photographs of all relevant signage in situ in locus in quo at the time of the alleged overstaying so as to show that the signs were actually readable;
* an accurately-drawn, scaled, map showing the location of each sign and indicating which you believe the driver would have had the easy opportunity to read (the routes of the vehicle and driver should be superimposed upon the map);
* details of the weather conditions at the time, in particular the visibility (all to be confirmed by the Meteorological Office);
* sufficient details of the driver with whom you claim to have made a contract to enable their unique identification;
* a detailed description of the processes followed to record and analyse the evidence of the alleged overstaying; and
* a notarised statement from a senior manager at the store to the effect that your recording and analytical systems were working normally at the time of the alleged overstaying.

Without the above, I cannot entertain your claim and any further demands for payment will be considered harassment and will be reported to the police with a view to your criminal prosecution under s1 of the Malicious Communications Act 1998, s85 of the Postal Services Act 2000, s127 of the Communications Act 2003, and/or s2 of the Protection from Harrassment Act 1997 - this last with a view to the court issuing a Restraining Order against you. Additionally, civil action will be taken against you personally and your employer to cease and desist and for the recovery of all costs, together with a substantial payment in compensation for the mental pain and suffering caused.

I expect your reply by return, either providing the evidence requested above or indicating simply your termination of this correspondence.




#200349 24th Jan 2008 7:36pm
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Haha quality mate, nice one for posting that! Im pretty sure there will be some people who find that very useful with the introduction of these fine's, but also other "private" parking fines.

Say they clamped your car for parking in a parent and chile bay, is there any legal way around this? Is it the same, its not actually lawful for them to do it and they would have to release without payment?

smile

MattLFC #200432 24th Jan 2008 10:10pm
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Quality smile

Ive already used the e-mail button to send it to someone
who may just need a letter like that smile

Mark #200586 25th Jan 2008 1:51am
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Another angle, once you get the "notice to owner" for not paying it is to remind them that by them writing to you and telling you that as the registered keeper you are liable for the ticket is that they are actually guilty of "attempting to obtain money by deception" - they are trying to make you pay up with illegal threats as you are not liable in the slightest, the driver is. Even if this is you, they have addressed the letter wrong.

Also "notice to owner" is a legal term - they cant use it anymore than you or I can.

There has been much discussion on this, that i have been privy to. Another option is to park where you like with a piece of paper on the windscreen stating something along the lines of "the driver of this vehicle does not accept any contract terms whatsoever, implied or otherwise by parking here".

I have also heard of people writing back to the private car parking company stating that they would be willing to disclose the drivers identity for a one-off fee of £x (which is more than the ticket itself).

Also be aware that these guys may well sell the debt onto a debt collection company who WILL write to you with the usual rubbish. If this happens, simply send a recorded delivery letter to them informing them that the debt is currently being disputed and ask them to refer back to their client. Simple.

Clamping is another ball game, i would recommend if this did happen, pay the release fee by credit card then get the CC to dispute the charge using the details i posted above.

You could also cut the clamp off, and return it to the company with an offer to pay for the damages, a cut chain costs next to nothing - if you do this then you cant be done for criminal damage, as you have offered to fix the damage you caused and the police wont have any inclination to prosecute someone who has been so cooperative. I have seen this work.


#200685 25th Jan 2008 10:52am
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Quality

That's all stuff i want printed inside my wallet smile

Appreciated Alex thumbsup

Mark #207436 17th Feb 2008 9:44am
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Where else can I park? I can't find the single fat bloke over 50's bay frown

I read the as from 1 March 08, that the evidence collected on CCTV will be enough grounds to send you a ticket in the post. Scary frown

Bixmis7 #207438 17th Feb 2008 9:48am
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Originally Posted by Bixmis7
Where else can I park? I can't find the single fat bloke over 50's bay frown

I read the as from 1 March 08, that the evidence collected on CCTV will be enough grounds to send you a ticket in the post. Scary frown

Locate you're nearest Tesco, Sainsbury's, Morrisons or Safeway instead as they don't have the stupidity of Adsa!

No wonder Wal Mart are considering what exactly to do with Asda due to lack of profit and market penetration; they are driving customer's away at a time when their own Chief Executive has stated they will be relegated to 3rd place (with Sainbury's moving up to 2nd) within the next 2 years in term's of market share...

MattLFC #207455 17th Feb 2008 11:36am
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Just seen a sandwich board in asda, explaining the new fines system. The Parent and Child spaces are able to be used by anyone with a child up to the age of 12 and using some sort of child seat including a booster seat.

My eldest is only 2 so obviously still needs me to put her in her seat and strap her in. So a little question for those with older kids,at what age can they sort themselves out in regards to seat belts etc. As I think 12 years old for a parking space that is widely referred to as a Baby space isnono

IMHO they should just get rid of all the parent and baby spaces and make all the spaces wider, and thats coming from someone with 2 babies that often uses the said spaces. then just have the disabled spaces near the door.


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Waddi #207456 17th Feb 2008 11:45am
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waddi kyles 5 an can do his own seatbelt usually, but sometimes had trouble with the strap that actually holds the seabelt over the sholder down( dont know what it is called) i think im a few more months he will of mastered that smile


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chiccy #207479 17th Feb 2008 2:35pm
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So would you agree that 12 years old is a bit excessive for the right to use a parent and child parking space. should be more like 6,7 or 8max

once they can climb in the car themselves, sit down properly in their seat and strap themselves in, why else would you need the widened space?


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Waddi #216552 14th Mar 2008 10:13pm
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i'll still be using them as i have very large doors and im not getting car park dings full stop.

fine me if you can!!

#216614 15th Mar 2008 9:25am
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Originally Posted by Alex85
i'll still be using them as i have very large doors and im not getting car park dings full stop.

fine me if you can!!


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Sanchez #216619 15th Mar 2008 9:42am
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Probably nothing,
but i think the point in there may be that they cant fine you?
At the moment?

Sanchez #216620 15th Mar 2008 9:42am
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cos he's special, he has big doors, so is exempt from the rules


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