£70 parking fine for 15 mins.

£70 parking fine for 15 mins.

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Red Devil

13,055 posts

207 months

Sunday 25th January 2015
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allergictocheese said:
Red Devil said:
Sorry but I think you're living in a some sort of Utopian bubble. The real world issue is how willing the principals really are to get tough with their sub-contractors. Look what happened to Somerfield when they discovered how disastrous for their reputation getting into bed with a greedy PPC was and wanted to kick them into the long grass.

He who sups with the Devil...
You will be aware , therefore, that in their contract with Parking Eye, Somerfield had the right to set parking time limits and exemptions. You would also know that PE complied with Somerfield's store-by-store requests to alter time limits as and when those requests came about. Somerfield lost their case in the High Court and then in the Court of Appeal.
And you will be aware that there is nothing whatsoever in the Court of Appeal judgement about setting time limits or altering them at Somerfield's request. If you can find such a reference please provide a link. PE sought damages for lost income after Somerfiekd terminated the contract. Somerfield contended that PE had acted illegally in performing it and therefore Somerfield were entitled to repudiate it. As you say, they lost. However the substantive issue on which the appeal was founded was nothing to do with what you are suggesting above.

Like I said, retailers need to be careful who they get into bed with.

allergictocheese

1,290 posts

112 months

Sunday 25th January 2015
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You ought to read the High Court judgment that preceded the appeal. It's available on Bailli. It'll give you chapter and verse!

herewego

8,814 posts

212 months

Sunday 25th January 2015
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StottyEvo said:
herewego said:
StottyEvo said:
When did this change? I've racked up about 5 of these "fines" over the past couple of years and I've simply ignored their letters. I didn't realise they could actually be enforced.
Why did this happen more than once?
Met friends at Mcdonalds on bonfire night (to go to a bonfire), after getting coffees decided I might as well car share and I received a fine for parking in an empty car park as I went just over the 2hour limit.

I lived at my brothers for 2 weeks, he parked out on the road and let me park in his flats parking spot. Because I didn't have a permit I received a fine for that.

All private companies so I ignored the fines. I expect I'll need to receive a court letter before I could be black marked/CCJ?
What I meant was that we all make mistakes but after the first error we should take more care. In this case after the first letter you should be scanning for parking rules whenever you park on private land.

Red Devil

13,055 posts

207 months

Monday 26th January 2015
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allergictocheese said:
You ought to read the High Court judgment that preceded the appeal. It's available on Bailli. It'll give you chapter and verse!
Most interesting, thanks.

The Somerfield contact was entered into over 9 years ago and less than 12 months after PE was incorporated. I have little doubt that Mr McKerney was more than willing back then to be accommodating to a major corporate client so soon after his company began trading. However those days are long gone.

The judgements in both places are a warning to retail stores to be extremely careful about how they seek to extricate themselves from the negative impact of bringing in PPCs whose primary driver is making as much money as possible rather than actual car park management. It explains why some retailers will do little or nothing to compel their sub-contracted PPC to cancel tickets (preferring to absolve themselves from taking any action). Allowing the tail to wag the dog is never a sound idea. Especially if your new pet is riddled with fleas.