parking at asda

[talkativesprout]

Right so let me get this right. If every city supporter with a car decided to park free on the Asda there is nowt Asda could do about it!

Unless they clamped. Then you've got a problem, as I said.

I think you will also find that in civil law it is reasonable suspicion.
Until someone can show me something in black and white which is a fact I would not chance it.

"Reasonable suspicion" is a concept in criminal law not civil. This is about enforcing a contract implicitly entered into between an individual (the driver) and the contractor and unless they can convince the court that it was a particular person driving then it's simply not enforceable. They have to prove that a debt exists and can't do that unless they can identify the other party to the transaction.

As DD says, very few cases ever come to court and even fewer have stuck.

Here's a piece from thisismoney.co.uk;

Tickets issued by private companies
Private companies can issue tickets to drivers parked on their property, but the rules are not the same as local authorities.
If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park.

This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver.

If you are approached by a member of staff inside a private car park there is no obligation for you to assist them in any way

If the company wish to pursue a claim in the small claims court, they have to prove that you were the driver of the car. Any comments that you make may assist them in this aim, so best to say nothing.

If you refuse to pay, the private company has to pursue you through the small claims court. It is up to them to prove a breach of contract so look at the terms carefully. These are usually printed on a sign at the entrance to the car park.

Additionally, you may be able to reduce any fine issued by a private company. Under contract law, they can only claim for any loss they have suffered because of your offence. They may try to claim a penalty of, say, £100, but in law they may only be entitled to any revenue they had lost. So, if you pay £2 to park for one hour, but stay for three hours, they can only claim for two hours of lost revenue, which is £4.

Read more: http://www.thisismoney.co.uk/fight-parking-tickets#ixzz0xiPUMdCx

that means if the car park is empty or even half full asda have not made a loss because of your actions thus no penalty is due ....i think

 

[manchester blue]

i'll report back tomorrow night.

Make sure you buy a programme. Give you something to read on the bus on the way home.

 

[Didsbury Dave]

Unless they clamped. Then you've got a problem, as I said.


"Reasonable suspicion" is a concept in criminal law not civil. This is about enforcing a contract implicitly entered into between an individual (the driver) and the contractor and unless they can convince the court that it was a particular person driving then it's simply not enforceable. They have to prove that a debt exists and can't do that unless they can identify the other party to the transaction.

As DD says, very few cases ever come to court and even fewer have stuck.

Here's a piece from thisismoney.co.uk;

that means if the car park is empty or even half full asda have not made a loss because of your actions thus no penalty is due ....i think

Correct. Even if it were full, the defendant can argue they couldn't read the sign. Or that they weren't driving. Or that their car broke down. Or whatever.

These guys couldn't make their case stick. They've tried and failed in the past.

 

[blue cigar]

is there any possibility of clamping?

 

[BluePurgatory]

is there any possibility of clamping?

It will depend if the store Manager is a red and he has been lurking on here!
Blue Cigar can be our test case. LOL

 

[talkativesprout]

not without a clearly visable clamps used in this area sign

 

[100%blue]

My mate has parked on there every game for two years and got away with it until last week when he got a ticket.He's still quids in because of all the fivers he's saved for two years but he's not going to chance it again.

 

[Didsbury Dave]

My mate has parked on there every game for two years and got away with it until last week when he got a ticket.He's still quids in because of all the fivers he's saved for two years but he's not going to chance it again.

Tell your mate just to leave it and not reply to anything and he won't have to pay that one either.