Another Private Car Park Question...
Discussion
Hey up, my place of education has a reasonably-sized, rarely full car park, which you're supposed to have a permit for, it says unauthorised vehicles will be clamped, but they've also sent emails to people saying that we'll be fined £50 a day if we're caught parking there.
Now there are no signs that say you can be fined, let alone signs that say by parking there we enter into a contract and agree to pay such a fine (which somebody mentioned in another thread must be specified).
They emailed people to say that they've hired an outside company to sort out the fines and that they'll contact the DVLA to find out our details if we're found parking there, but there are no signs in the car park to say that a company is operating there and I think that they're bluffing.
What is the legality of handing someone a fine for parking there, or clamping them, and what says that we'd have to legally pay such a fine?
Cheers,
AL
Now there are no signs that say you can be fined, let alone signs that say by parking there we enter into a contract and agree to pay such a fine (which somebody mentioned in another thread must be specified).
They emailed people to say that they've hired an outside company to sort out the fines and that they'll contact the DVLA to find out our details if we're found parking there, but there are no signs in the car park to say that a company is operating there and I think that they're bluffing.
What is the legality of handing someone a fine for parking there, or clamping them, and what says that we'd have to legally pay such a fine?
Cheers,
AL
AL666 said:
Thanks Vonhosen, it says that they can only charge a 'reasonable fee', they sent an email saying that they would fine for every day that they've seen a parked in the car park, so say they see the car 4 times and clamp it the 4th time, could they fine £200, or is that unreasonable?
I think it will actually say that they can only charge a reasonable fee to unclamp your vehicle. There is no right to park on private land and pay a reasonable amount.
If you are parking on private land and you are not entitled to do so, then they can clamp you on the first offence.
They *could* charge you for each use of the car park, but it seems like they are charging for the permit, and doing it that way.
Basically, the law would be the same if someone were to just decide on your driveway, they have no right to or even expect to offer you a reasonable amount to do so if you dont want to. Looking at it that way, I think they have been quite fair if they have sent out warnings.
Whether they go through with clamping people is the unknown factor though, is it worth the risk?
We've just received an Email saying that they're going to start using Parkforce, from the site it seems that they don't clamp, but they do put up signs to say that entering the car park means entering a contract to pay X amount, but the email also says that they are going to be carrying over fines for people who have been parking there before Parkforce have operated there, now I've not been parking there because I don't want to have to face a fine, but can they do this? As there are no signs there at the moment that say you're entering a legal contract by entering the car park?
Cheers,
AL
Cheers,
AL
In short, no - they'd be on very shaky legal ground.
Many people will just bend over and make it worth their while though. If this place of education has a newspaper or something, might be worth mentioning it to them, make it well known that the institution is going to take a bit of a vicious (and seemingly probably unlawful) approach to parking violations.
Many people will just bend over and make it worth their while though. If this place of education has a newspaper or something, might be worth mentioning it to them, make it well known that the institution is going to take a bit of a vicious (and seemingly probably unlawful) approach to parking violations.
AL666 said:
We've just received an Email saying that they're going to start using Parkforce, from the site it seems that they don't clamp, but they do put up signs to say that entering the car park means entering a contract to pay X amount, but the email also says that they are going to be carrying over fines for people who have been parking there before Parkforce have operated there, now I've not been parking there because I don't want to have to face a fine, but can they do this? As there are no signs there at the moment that say you're entering a legal contract by entering the car park?
Cheers,
AL
Cheers,
AL
For a contract to stand there must be what is known as 'consideration'. This means that A makes clear an offer and B accepts it.
If the owners have not made clear the cost of parking there *before* someone has parked then there is no contract. They may be traspassing, but thats another matter!
They can do this by letter, email, or the most common way is by erecting sign at the entrace whereby it is in view of the 'parker' before they park and enter into a contract.
So, if there are no signs up they cannot charge 'in hindsight', *unless* they have warned particular people that they will be entering into an agreement by some other means, ie email *before* they park.
No, in Yorkshire, I'm at "educational location" here, and it's a walk from the bottom of a cliff to the top to get to lectures...
The emails that they've sent do not say anything about a legal contract being entered into when you park at uni, only that you will be fined for parking there, £40 a day...
The emails that they've sent do not say anything about a legal contract being entered into when you park at uni, only that you will be fined for parking there, £40 a day...
AL666 said:
No, in Yorkshire, I'm at "educational location" here, and it's a walk from the bottom of a cliff to the top to get to lectures...
The emails that they've sent do not say anything about a legal contract being entered into when you park at uni, only that you will be fined for parking there, £40 a day...
The emails that they've sent do not say anything about a legal contract being entered into when you park at uni, only that you will be fined for parking there, £40 a day...
It doesnt have to say that you are entering into legal contract, that is assumed as soon as they tell you an 'offer' and you take them up on it. From that point a contract has been 'formed', as you have had good chance to 'consider' the offer and you have accepted it!
If there are no signs there, then parking before the email was sent there is no contract.
If there are no signs there, then parking after an email means there is a contract.
If there are signs there, then thats all they need.
AL666 said:
No, which is why it struck me as odd that an EMail is a legitimate form of informing people about car park restrictions, nevermind.
They can use any method to offer a contract, verbal, email, on the back of a fag packet, or otherwise. Of course a common way of entering into a contract is printing it out and getting you to sign it. It does not make it any more legal, but is much easier to prove if it was disputed later.
In this situation, the eventual outcome is court. They would have to prove that you saw the emails. You would be asked if you saw them. "Getting off' would mean that you would need to lie in court.
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