My employer receives two parking spaces in a private car park as part of the leasing agreement with their landlord. Recently, the management of the car park has been raken over by a third party. They issue parking passes to the tennants. However, there was a delay in issue of the passes for the company I work for, (and several other tennants). The result was that several parking tickets have been issued with a fine of £80!The parking company that manages the site have said that there are no exceptions of the rules, and that we should not have parked there without the passes - even though we lease the spaces. They also said that under laws of trespass, because they are employed by the site owner, there is no way we can void the tickets.Is this true?We unsurprisingly received the passes a day after the tickets were issued.
Province/Country relating to question : Staffordshire, UK
Talking to the company that manage the car park.
Thanks for your question. Please remember to click ACCEPT once you get my answer.The tickets are not enforceable by law.They would have to show:1) You were the driver2) You had a contract with them3) You agreed to their terms4) They suffered a lossThey will not be able to show any of these.As such the tickets in law can not be enforced. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
Thank you for your reply. This was exactly the same answer I gave the parking company. They chose to refute it.
Furthermore, they state:
"It is trite law that a motorist choosing to enter and use private land for authorised uses, does so in full and tacit acceptance of the terms and conditions in operation. These terms and conditions are in operation from the moment a person enters onto private land. It follows that should the motorist breach the terms and conditions or commit a trespass to the land, we are entitled to seek damages from the motorist to the value of the charges as indicated on the signage on the site. On the day in questions, your vehicle was issued with a Parking Charge Notice because it broke this contract, and the relevant charge is consequently recoverable under contract law."
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Understood. So they cannot chase me for the Penalty, but they could go to the court to seek compensation for any loss?
So they could actually charge me for the time involved in answering my letters, processing the fine etc?
And the likelyhood of them winning, based upon the 4 points you made earlier, is not good?
Its not that I cant afford to make the payment, its just that I object to paying for a facility that has already been paid for.
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