Sad faced mum hit with £75 parking charge...or is she?

[55palfers]

https://www.thesun.co.uk/news/14038624/mum-parking...

Mum parks on a 'Spoons car park while her little princess rides her bike around deserted car park.

If the car park is like my local it's free parking providing you tap your reg plate in at bar.

If the pub is shut, then there is no means of mum being able to comply with T&C? Ticket void perhaps?

[Over over under steer]

If it’s signposted, and it’s private land then tough luck, just because the pub is shut doesn’t mean the parking company should forego its revenue stream as well.

I haven’t got a lot of time for private parking companies but in this case I’d support them.

[Sebring440]

I don't see the mum anywhere, "sad faced" or otherwise?

[CAPP0]

My local, which has a huge car park, has barriers up and signs up saying it's not to be used for recreation. Apparently in a previous lockdown he left the car park wide open and people were using it, but then he was told by some authority or other that the order to close meant he had to physically close all of the property inc the car park. Seems utterly daft but there it is.

[Nickyboy]

She says she lives in St Georges Hill, Spoons is at the bottom of said road. At the very most it's half a mile from the start of St Georges Hill to Spoons with numerous quiet side roads and cul-de-sacs where the kid could have ridden the bike. Failing that there is a council run car park barely 30 seconds from the one she used.

[The Rotrex Kid]

Nickyboy said:

She says she lives in St Georges Hill, Spoons is at the bottom of said road. At the very most it's half a mile from the start of St Georges Hill to Spoons with numerous quiet side roads and cul-de-sacs where the kid could have ridden the bike. Failing that there is a council run car park barely 30 seconds from the one she used.

There is also a park half way down St George’s hill.

[Mojooo]

Over over under steer said:

If it’s signposted, and it’s private land then tough luck, just because the pub is shut doesn’t mean the parking company should forego its revenue stream as well.

I haven’t got a lot of time for private parking companies but in this case I’d support them.

It might call into question whether 75£ is a fair charge given that (possibly) the usual commercial considerations of allocating spots to paying customers doesn't apply.

[shep1001]

There is a rapid charger I use in Northampton at Toby Carvery. When it is closed you phone a number to register your plate rather than go into the pub to register

[NMNeil]

The kid could have ridden the bike while their van was being MOT'd
https://www.dailymail.co.uk/news/article-9251173/M...
Then of course we have the photo op with the sad faced kid, holding the ticket to show just how they have been victimized.

[hepy]

She will have got £250 from the Sun for the story, so already up on the deal.

1. don’tbuythesun

[final_edition]

".....big companies are still trying to rinse it in,"

[Tomo1971]

So if people still use the car park and the pub is shut, and thus devoid of income to pay for upkeep of repairs, who pays for ongoing maintenance?

The users of the car park will (Albeit slowly) cause wear on the car park.

Assume that 'spoons get a kick back from the PPC in the above.

[Gareth79]

Interesting, the article has been removed and the redirected page has "legal-removal" in the URL...

[Psycho Warren]

Its private land so why should she think she can just use it willy nilly.

While the pub is shut, its pretty much the same as saying its ok to part on someones drive while on holiday etc.

The landowner can put any restrictions they like on the land as its their land.

[Electro1980]

Psycho Warren said:

Its private land so why should she think she can just use it willy nilly.

While the pub is shut, its pretty much the same as saying its ok to part on someones drive while on holiday etc.

The landowner can put any restrictions they like on the land as its their land.

No it’s not. Drives and private car parks are legally and morally very different.

[Biggy Stardust]

Electro1980 said:

No it’s not. Drives and private car parks are legally and morally very different.

How, exactly? They're both private property

[warch]

Electro1980 said:

No it’s not. Drives and private car parks are legally and morally very different.

Indeed. A car park is generally defined as a public place. A driveway isn’t.

[scottyp123]

Biggy Stardust said:

Electro1980 said:

No it’s not. Drives and private car parks are legally and morally very different.

How, exactly? They're both private property

I've said this a few times and got shot down, surely if I had a big drive way and painted parking spaces on it and out up a big parking sign I shouldn't be surprised to see a few cars parked on it. and for the same reasons if the pub took down the signs, burned off all the bay lines, turfed half of it, planted a load of flowers and dotted some tasteless gnomes around the place then they probably wouldn't get anyone parking on it at all as it would look like a private drive.

[NGee]

scottyp123 said:

....... if the pub took down the signs, burned off all the bay lines, turfed half of it, planted a load of flowers and dotted some tasteless gnomes around the place then they probably wouldn't get anyone parking on it at all as it would look like a private drive.

I've seen pubs like that - people do still park on it !!

[Psycho Warren]

random solictors website said:

What is a public place?
A car park attached to a pub when the pub is open (but not when it is closed). Sandy v Martin [1974] Crim LR 258

The courts say that roads to which the public have access are:
This is the definition.

Roads where the general public have access (not just a special class of the general public) AND
The public have access at least by the tolerance of the owner or proprietor of the road.

So by that definition a pub car park is not a public place when closed and public can only use said car park with the tolerance (ie permission) of the land owner.

So surely the ticket is bang to rights if the wording of the sign says no parking outside opening hours or has some other restrictions the woman broke?