Private Car Parks

[BensGrandad]

Martin Lewis from Moneysavingexpert.com was on radio 2 recently and in a Sunday newpaper saying that all the parking charges in private car parks like Sainsburys, Haywards Heath, Sussex Yeoman in Worthing etc are not enforcable.

It is not illegal to charge to park their but if you fail, the penalty notice should just be ignored as it is not an offense to park there without paying the fee. It is a breach of contract between the owners of the land and you the driver for them to sue for breach of contract.

How does this work with all of the Car Parks in Worthing operated by NCP as Worthing Borough Council own the land and I would think that these penalty charge notices are not enforcable.

This is my latest 'bee in my bonnet' to fight and would be interested in other peoples views.

 

[Don Quixote]

Its better if you have to pay so then there are less people parking there. If its free you'll NEVER be able to park.

 

[Ninja Elephant]

It's quite simple really, the difference. If Supermarkets own carparks, the enforcement of them is up to them. But if the carparks are council owned, then NCP (now NSL services) can enforce them and the tickets are all above board and legal (assuming the signs are up and there's a machine).

It depends on the car park, really. I can advise in Brighton and Hove but not Worthing, sorry!

 

[beorhthelm]

i would say Martin Lewis is talking out of his arse. a car park is private property, if you dont agree to the coditions of parking then dont park there. you can chose to ignore it and they may seek to enforce it through the courts. the enforablity would probably be on a case by case basis.

 

[BensGrandad]

It's quite simple really, the difference. If Supermarkets own carparks, the enforcement of them is up to them. But if the carparks are council owned, then NCP (now NSL services) can enforce them and the tickets are all above board and legal (assuming the signs are up and there's a machine).

It depends on the car park, really. I can advise in Brighton and Hove but not Worthing, sorry!

That is the point of my argument parking on a road is enforceable not denied by anybody, but the council owned car parks are on private land owned by the council so I would think the breach of contract thing then follows.

 

[BensGrandad]

i would say Martin Lewis is talking out of his arse. a car park is private property, if you dont agree to the coditions of parking then dont park there. you can chose to ignore it and they may seek to enforce it through the courts. the enforablity would probably be on a case by case basis.

That is the whole point of his argument a Penalty Charge Notice should be ignored and the onus is on the owners of the land to sue through the county court for breach of contract.

 

[Lord Bracknell]

Car parks are often subject to legally enforcable Off Street Parking Places Orders, made by the local authority, under powers available to them in the Road Traffic Regulation Act 1984 and the Road Traffic Act 1991. The car park doesn't have to be "owned" by the Council.

 

[BensGrandad]

Thank you Lord B you have provided the answer I wanted as regards council owned car parks but that doesnt change the position on all trhese stores etc trhat are employing car parking firms to operate car parks for them like Sainsburys etc.

If it is proved that what Martin Lewis is saying it means that on away matches we can just find a supermarket or pub car park near to the ground and park there willie nillie.

 

[Lord Bracknell]

Thank you Lord B you have provided the answer I wanted as regards council owned car parks but that doesnt change the position on all trhese stores etc trhat are employing car parking firms to operate car parks for them like Sainsburys etc.

If it is proved that what Martin Lewis is saying it means that on away matches we can just find a supermarket or pub car park near to the ground and park there willie nillie.

There is nothing to stop NCP applying to West Sussex County Council for an Off Street Parking Places Order in respect of the privately owned car parks that they manage in Worthing.

They might well have done so already - if they have, then they can charge and clamp without this mythical "loop hole" being available.

 

[beorhthelm]

you risk having to pay court costs if found the charge is enforced and many use clamps to enforce (which i think should be illegal) and they might pursue you in a local court to them which means travel expence for you. i reckon you'll get away with it in most super market car parks and can always by something there too.

 

[thedonkeycentrehalf]

i would say Martin Lewis is talking out of his arse. a car park is private property, if you dont agree to the coditions of parking then dont park there. you can chose to ignore it and they may seek to enforce it through the courts. the enforablity would probably be on a case by case basis.

and taking that theory further, if you don't agree to the terms and conditions you could be classed as trespassing on private property and they could do whatever they wanted to your vehicle.

 

[BensGrandad]

and taking that theory further, if you don't agree to the terms and conditions you could be classed as trespassing on private property and they could do whatever they wanted to your vehicle.

This is another point that has been highlighted in the press recently the legality of both clamps and towing away from private land again the argument is that it cannot be done on site and requires a country court order.

 

[seagullsovergrimsby]

If it is proved that what Martin Lewis is saying it means that on away matches we can just find a supermarket or pub car park near to the ground and park there willie nillie.

Asda at Barrow have started to issue warnings to football supporters parking their cars in the car park on a matchday as the shoppers cant get in to park. TCP who administer the car park on behalf of Asda will hand out £60 fines to anyone parking longer than allowed. If you park on private land , you accept the terms and conditions that are displayed , which unobserved will lead to a fine.