Locked in carpark

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Discussion

mcdjl

Original Poster:

5,438 posts

194 months

Tuesday 20th January 2015
quotequote all
Recently I parked in a retail centre car park read the terms as far as the '3 hours free' which i thought was plenty. i did some shopping then, popped off the site and returned within 3 hours....at which point I realised that there was barrier that got locked an hour after the shops shut. Yes there was sign at the entrance telling me this, yes i failed to read it, yes I'm stupid. The charge for overstaying 3 hours is £70 and parking overnight is prohibited (but no charge is specifically attached to this, so i assume its the £70).
I haven't yet had any invoice (I live in slim hope that the hassle of having my car locked in will make someone relent) and do expect to pay it. However on the basis that 'preventing access to the public highway' is some kind of offence are the car park management technically guilty of this (despite having signs saying the car park would shut)?

TooMany2cvs

29,008 posts

125 months

Tuesday 20th January 2015
quotequote all
mcdjl said:
However on the basis that 'preventing access to the public highway' is some kind of offence
It isn't.

Parking across the end of somebody's drive, preventing them from getting their car off their property, is different to locking your own car park when you close.

davamer23

1,126 posts

153 months

Tuesday 20th January 2015
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Clutching at straws somewhat, it's entirely your fault.

allergictocheese

1,290 posts

112 months

Tuesday 20th January 2015
quotequote all
No criminal offence here if the barrier is a permanent one that can be put in place at the time and there is sufficient warning that you may end up trapped inside.

I would imagine by leaving the site and going elsewhere you've likely breached a parking term relating to use being for users of that site only.

If a charge arrives dispute on the basis there has been no material loss, a £70 charge bears no relation to even the greatest loss that could be envisaged and is clearly a penalty designed to deter breach.

mcdjl

Original Poster:

5,438 posts

194 months

Tuesday 20th January 2015
quotequote all
TooMany2cvs said:
It isn't.

Parking across the end of somebody's drive, preventing them from getting their car off their property, is different to locking your own car park when you close.
I suspected that would be the case, it did seem odd that a proper company would be likely to open themselves up to a proper offence. Clealy I've read too much on here but not enough sense. I shall not hold my breath while i wait for the invoice though.

mcdjl

Original Poster:

5,438 posts

194 months

Tuesday 20th January 2015
quotequote all
allergictocheese said:
No criminal offence here if the barrier is a permanent one that can be put in place at the time and there is sufficient warning that you may end up trapped inside.

I would imagine by leaving the site and going elsewhere you've likely breached a parking term relating to use being for users of that site only.

If a charge arrives dispute on the basis there has been no material loss, a £70 charge bears no relation to even the greatest loss that could be envisaged and is clearly a penalty designed to deter breach.
I don't think it was worded as a loss, more that the charge for staying longer than 3hours was £70. Ho hum, live and learn!

Mr Taxpayer

438 posts

119 months

Tuesday 20th January 2015
quotequote all
Aye, you cocked up by by not leaving before the barrier came down, but your overstaying 3 hours is based on the parking company preventing you from leaving. If they do try to sue for overstaying, issue a counter claim (using the the text form their threating letter) for the same amounts for your loss of amenity.

allergictocheese

1,290 posts

112 months

Tuesday 20th January 2015
quotequote all
If the charge is for cost of parking, it will incur VAT. Ask them if the £70 includes VAT.

anonymous-user

53 months

Tuesday 20th January 2015
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Mr Taxpayer said:
Aye, you cocked up by by not leaving before the barrier came down, but your overstaying 3 hours is based on the parking company preventing you from leaving. If they do try to sue for overstaying, issue a counter claim (using the the text form their threating letter) for the same amounts for your loss of amenity.
Ignore this drivel.

Neonblau

875 posts

132 months

Tuesday 20th January 2015
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Breadvan72 said:
Ignore this drivel.
I'm surprised it took you over an hour for your response!

Top stuff.

anonymous-user

53 months

Tuesday 20th January 2015
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Would have been quicker but got locked in car park.

dingg

3,974 posts

218 months

Tuesday 20th January 2015
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Breadvan72 said:
Would have been quicker but got locked in car park.
hehe