Morrisons Brentford Parking Fine

[Easy 10]

It costs relatively little for a company to refer a claim to the Small Claims Court (£75 for anything under £1500). I doubt they'd bother for a balance owing of £75, but if they ramp the fee up due to non-response / non-payment (after forewarning you in writing) and it amounts to a few hundred quid, then you could well find that someone in the Morrisons finance area will do the necessary, fill out the claim form and apply for Judgement. I've filled out Small Claims court documents in the past in my line of work. It doesn't take very long, piece of piss in fact, not much effort at all, and if the defendant doesn't bother contesting the claim, then the Court will give judgement in the claimants favour and order the fee be paid (and you'll also be liable for costs on top). Of course if you then DO contest the claim, then you'll have to have grounds for contesting it. Not sure whether "I didn't see the sign" is going to stand up really, but then that'd be for the Court to decide.

Its their private land and they are within their rights to make penalty charges, and have them legally enforced if necessary.

 

[Lush]

OK you OWN a shop and you OWN some parking spaces. Every other Saturday they are filled with football fans who spend no money in your shop and prevent other people from coming in. What would you do?

 

[Nibble]

Display your dis-satisfaction of their "fine" in this manner I reckon....

 

[Nibble]

On a serious note, some say it is a fair fine as it is private land. Well then surely all you are guilty of is tresspass, which is not a criminal act . So maybe that could be your defence?

 

[Perry Milkins]

On a serious note, some say it is a fair fine as it is private land. Well then surely all you are guilty of is tresspass, which is not a criminal act . So maybe that could be your defence?

But taking lash's point of view. The equitable method of assesiing and quantifying a reasonable figure for a fime would be to :

1. Establish that during the time of parking they,Morrisons, were turining away pinters; and

2. If so an average spend per car parked (say £25.00) multplexed by the tyreprint for the time the offending car was parked (say 16 cars).

There ya go!

 

[Couldn't Be Hyypia]

Nibble - I suspect it's more to do with breach of contract. You enter the car park and park there. In doing so you agree to the parking terms. That's a contract between the owner of the car and the owner of the car park. If you breach the contract by for example staying too long, you agreed to pay a fine. You agreed this simply by the action of parking in the car park. Seems pretty clear. The only defence is if you can argue that the terms of the contract were not made clear to you and the onus would be on you to prove that.

 

[Easy 10]

Parking on a double yellow isn't a criminal act either, but you can still be fined, and that fine is enforcable.

 

[dougdeep]

You were lucky really that it wasn't clamped. The one in Seaford does that.

 

[Nibble]

Fair points, though double yellows aren't private property. However the contract point is probably how you would get caught short in court.

 

[Perry Milkins]

Fair points, though double yellows aren't private property. However the contract point is probably how you would get caught short in court.

I would presume you could be excused to 'powder your nose'.

 

[Nibble]

I would presume you cold be excused to 'powder your nose'.

 

[BensGrandad]

Do not ignore it write and tell them that it is a private matter between the driver and Morrisons and nothing to do with the Car Park operating company but do not give the drivers name stating that you are unable to disclose those deails as it is in contravention of The Data Protection Act of 1998.

If you continue to argue they will have to apply to the county court for a bailiffs order, which you can invite them to do. Councils etc go to a tribunal if you persist and then pull out at the last moment offering no evidence even with photographs.

 

[Perry Milkins]

Do not ignore it write and tell them that it is a private matter between the driver and Morrisons and nothing to do with the Car Park operating company but do not give the drivers name stating that you are unable to disclose those deails as it is in contravention of The Data Protection Act of 1998.

If you continue to argue they will have to apply to the county court for a bailiffs order, which you can invite them to do. Councils etc go to a tribunal if you persist and then pull out at the last moment offering no evidence even with photographs.

Benny G are you good on Divorce law?

 

[BensGrandad]

You were lucky really that it wasn't clamped. The one in Seaford does that.

Strictly illegal even with notices displayed to that affect. for more details see
Martin Lewis's moneysavingexpert.com website he was on Radio 2 about this last week and I posted a thread on here over this weekend.

 

[Easy 10]

Why would "councils etc" take it to a tribunal and then pull out at the last moment, even if they have evidence ?

 

[BensGrandad]

Benny G are you good on Divorce law?

No have had no need, having been married since 1965 but these 2 bob car park cowboys are my pet hate and I go to great lengths not to pay them. I do not even pay them if given on the road just deny them and eventually the council give in. The only ones who didint but reduced the amount by 50% was Acton Council for nipping across a bus lane to turn left on route to QPR away.

I enjoy the battle, using 2nd class stamps you can buy a lot of stamps for a £75 fine !! invoice. You can ownly be fined if you commit an offence parking on private property is not an offence but a civil matter.

 

[BensGrandad]

Why would "councils etc" take it to a tribunal and then pull out at the last moment, even if they have evidence ?

The cost incurred as they cannot claim expenses and the tribunal can only restore the original lower rate charge, if they can prove the driver of the vehicle. This takes a few months and the standard answer is I had an appointment at ?? at that time so wasnt driving but I cant remember which of my children borrowed the car it was too long ago.

 

[Perry Milkins]

No have had no need, having been married since 1965 but these 2 bob car park cowboys are my pet hate and I go to great lengths not to pay them. I do not even pay them if given on the road just deny them and eventually the council give in. The only ones who didint but reduced the amount by 50% was Acton Council for nipping across a bus lane to turn left on route to QPR away.

I enjoy the battle, using 2nd class stamps you can buy a lot of stamps for a £75 fine !! invoice. You can ownly be fined if you commit an offence parking on private property is not an offence but a civil matter.

I ownly needed a snippet but..ta enny how.

 

[BensGrandad]

It costs relatively little for a company to refer a claim to the Small Claims Court (£75 for anything under £1500). I doubt they'd bother for a balance owing of £75, but if they ramp the fee up due to non-response / non-payment (after forewarning you in writing) and it amounts to a few hundred quid,

If you contest the invoice within a reasonable time i.e. a couple of days they are unable to add further charges and costs because the payment process is put on hold until it is resolved. So it will always be £75 which is the same as they would pay to take it to small claims court.

 

[Pinkie Brown]

The cost incurred as they cannot claim expenses and the tribunal can only restore the original lower rate charge, if they can prove the driver of the vehicle. This takes a few months and the standard answer is I had an appointment at ?? at that time so wasnt driving but I cant remember which of my children borrowed the car it was too long ago.

Is the correct answer. Unlike a public highway, you are under no obligation whatesoever to reveal the identity of the driver when the alleged offence is on private land. Whoever is claiming the payment, their dispute is with the driver not the owner. As long as you persistently claim amnesia when it comes to the driver at the time of the alleged overstay, you'll be fine.