pay and display question for legal chaps

[bryan35]

A pay and display run by a large well known company have a new car park
In this car park are 'HAVE YOU PAID AND DISPLAYED' notices, saying that non display will result in a fixed penalty notice. It says this on numerous large easy to read signs which you simply cannot miss, and also on a boards next to the ticket machines
The thing is, it doesn't say anywhere what the fixed penalty actually is.
usually you have '£30 fixed penalty' or the like, but no. Not one mention of cost at all.
The question therefore is, can they fine you anything?

B35

[XMG5]

I would say that they can. The fact remains that you are warned that a penalty for failing to pay/display a valid ticket will be incurred and therefore you know that you will be penalised for the 'offence'.

I'm not sure that the actual amount of the fine is relevant. The fine is probably not specified as the ticket will have two costs involved, one of £XX (full amount) for the offence, and in small print (usually) £X (lower amount) if you pay it within a specified period of days, so in practise which amount would they put on the sign?

I am sure that if this is not so then a legal eagle will post a suitable response.





>> Edited by XMG5 on Monday 10th April 11:17

[7db]

Strange - parking offences are usually Penalty Charge Notices (decriminalised - appeal via adjudicator) rather than Fixed Penalty Notices (criminal - appeal via magistrates).

I'm not sure if announcing the wrong one of these could be technically cobbled together into a defence of failing to provide proper notice.

[lunarscope]

No, it is not legal.
The "penalty charge" (note that it is not a "fine" has to be displayed as it forms part of the civil contract between the parker and the car park operator.
If the contract (i.e. the notice of conditions displayed in the car park) does not mention the exact penalty then that part of the contract is unenforceable.

[Dwight VanDriver]

By the sound of it this is other than LA Off Street Parking and more like a Hospital/Supermarket car park system and therefore civil. If this is so then providing there are clear signs making it clear that parking without permission (overstay) will result in a charge and a person so parks then it would appear he has to accept the consequences.

Not sure that anything can be gleaned in the misuse of the term Fixed Penalty Ticket if that is the case.

dvd

[bryan35]

it's a company that works nationally, and specialise in car parks.

There is definately not any mention of any fee/fine/penaly anywhere, though there used to be before the car park was re-vamped. Think it was £30 within 28days or £10 within 40 hours or something like that.