A motorist has been fined £60 for driving around a car park for just 11 minutes – before leaving because he couldn’t find a space. He tried to protest the charge but was refused his appeal and ended up paying to avoid court action.
metro.co.uk/2016/11/27/driver-fined-60-for-driving-round-car-park-because-he-couldnt-find-a-space-6285603/ (reported elsewhere on-line too)
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fairly standard in our local camera controlled car parks, 10 minutes to find a space or leave.
In theory you can park, nip to the shop and get back in less than 10 minutes & leave with no charge, but I haven't been brave enough to try that
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Seeing it a private car park, he could have gone to the court.
I think their algorithm is written if a vehicle enters and leaves with an x minute of gap then invoice is triggered.
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I would have contested it - I'm not sure any court would support it given he didn't actually find a space. Don't they have to prove they have lost out by you using the space?
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The law as it now stands is thatas long as the terms are clearly displayed you have entered into a contract and the parking company are entitled to charge the displayed penalty amount. The courts will enforce the contract.
In all honesty 11 minutes is plenty of time to find a space or leave. Tough but not really unreasonable. There surely has to be some limit of time you can stay without charge as otherwise everyone would use the same excuse.
Last edited by: CGNorwich on Thu 1 Dec 16 at 21:07
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>>The law as it now stands is thatas long as the terms are clearly displayed you have entered into a contract and the parking company are entitled to charge the displayed penalty amount. The courts will enforce the contract.
Bit useless if the terms are only visible once parked.
I have also been to a few car parks where one couldn't move for ages (well over an hour) due to congestion, especially at this time of year but I expect the same could be said if there is a special event.
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I would venture that the contract was frustrated therefore void. See Taylor v Caldwell.
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>> I would venture that the contract was frustrated therefore void. See Taylor v Caldwell.
Frustrated?
Did it get even that far? There was no consideration so there was no contract in the first place?
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Of course there was consideration. An offer to provide parking in consideration of an agreement to pay a fee and in the event of non payment a penalty amount. The courts have confirmed this views of such contracts.
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The best objection I can think of to the charge is that the contract seems to refer solely to parking. It could be argued that since the motorist didn't actually park then the contract did not apply. You would have to carefully read the terms and conditions though. If I undeatqnd it correctly the driver paid the charge so it now rather lat to complain about it.
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The doctrine in contract law, of frustration, where the event (no space in this situation) renders contractual obligations impossible. It doesn't matter about the terms and conditions really. They do not override common law or "The Law Reform (Frustrated Contracts) Act 1943".
Last edited by: NortonES2 on Fri 2 Dec 16 at 13:58
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It does rather matter about the T&C. I guess you argument goes something like. "There was a contract to offer parking but that proved impossible to deliver so the contract was frustrated and thus void"
Well supposing the T&C defines parking as entry into the car park whether stopped in a space or not?
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If the contract is void for lack of performance it is void ab initio. It is a dead contract. In any event, Unfair Contract Terms and Consumer Rights Acts could be wheeled in but I think such a term would be viewed as vexatious in the context of a car park where you can't see if it is full or not. There are some car parking facilities that say how many spaces are left, visible before entry, so that might be a special case, but I doubt there is case law on this particular counting angels dancing on a pin scenario:)
Last edited by: NortonES2 on Fri 2 Dec 16 at 15:17
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Well I guess we shall never know as the driver paid the charge and moaned afterwards rather than letting it go to court.
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Indeed. But it's all good fun working out possible defences...
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>>There are some car parking facilities that say how many spaces are left, visible before entry, so that might be a special case, but I doubt there is case law on this particular ???counting angels dancing on a pin scenario:)
And they are not accurate, usually because of bad parking, I have driven around some car parks where the display showed say 20 spaces and you got a ticket on entry and paid in the shops before you left.
There were no usable spaces because 4x4s had parked over 2 spaces or other drivers had parked right on the line and being able to park would mean not being able to get out of the car.
When I left, the man on the intercom said that I would still have to pay. I threatened to leave the car at the exit barrier. I won.
(Obnoxious behaviour I know but the man on the intercom was being intransigent.)
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>
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>> I have also been to a few car parks where one couldn't move for ages
>> (well over an hour) due to congestion, especially at this time of year but I
>> expect the same could be said if there is a special event.
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It's a common source of complaint and dispute at the Parkingeye park in Aberystwyth.
There is often a massive traffic jam at both the entrance and exit caused by traffic gridlocked at the adjacent poorly-designed roundabout.
Number plates are read on entering and leaving, but it is common to have to spend up to 20 minutes waiting, inside the park, either to get in or out. Those in the know either avoid those shops entirely, or else send a companion in to shop and immediately start queuing to get out again.
It's completely mad, and well worth fighting.
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The more we accept this sort of **** the more we deserve to suffer it !
just saying ..
I would like to say that he should have stuck two fingers up, but the truth is that decent honest people are the easiest to bully - SHAMEFULL !
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A lot of hotels are starting to use Parking Eye, even some in remote locations, without a perceived parking problem.
I wonder if Parking Eye are offering a payment to them to get the system installed and hoping to make it back on parking revenue.
The guest enters their registration on a tablet on arrival.
I add these hotels to my hotels to avoid list.
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Driver fined for not parking - commerdriver
