Cark Park Fines / Legality

[northcave]

Hi Guys,

Just wondering what the legality issues are of parking in a place overnight where you're not meant to? Obviously we all try and avoid parking places where it will cause hassle but there are plenty of remote places where although it says do not park overnight, it is clearly fine to do so especially during winter months.

If you are caught can they technically fine you or does it have to be council land whereby they have a license to do so?

Cheers for the advice.

 

[jayeastanglia]

they can fine you or clamp you..but as its a civel case its wont make court..if you cut the clamp you can be arrested on criminal damageor drill out the lock and as long as you can prove you have replaced the lock like for like it will not go any further..I used to work as a car clamper so know all the get outs....if council owned land and its a ticket by a traffic warden or police then pay the fine.

 

[fugglestick]

So what happens if you cut the clamp and chuck it. How can they prove it then?

 

[Channa]

So what happens if you cut the clamp and chuck it. How can they prove it then?

Theft/criminal damage !!!....Tempting as it is to cut and chuck it, most clampers and concil wardens nowadays take digital photos.


Channa

 

[Channa]

they can fine you or clamp you..but as its a civel case its wont make court..if you cut the clamp you can be arrested on criminal damageor drill out the lock and as long as you can prove you have replaced the lock like for like it will not go any further..I used to work as a car clamper so know all the get outs....if council owned land and its a ticket by a traffic warden or police then pay the fine.

I would pretty much go along with this advice, They may get the RK's details from DVLA, and send letters. With a private company the RK is NOT obliged to inform who the driver was.( and the RK cannot unwittingly be party to a contract .)

One letter back telling them contact the driver, will often suffice, no more is heard and never ever divulge more information.


It's actually Contract Law, the Private Parking Co. (PPC) relies on the threat of County Court Action, when it issues 'Tickets'. If the registered keeper found thru a DVLA request ignores all correspondence they eventually stop sending it.
Very very few have seen the Court, and very very few of them have been found liable.

Some of the requirements for a valid Contract are
Intention to make a contract,
Offer and Acceptance
Consideration (somethings exchanged Goods/ Money/ Service/Intellectual Property)

And the penalty for Breech of Contract would be Damages which can only be for the actual loss, so if a carpark is free for the first 2 hours how much loss is there if a car stays for the 3rd hour?

What if the driver were only 17 they'd be under the age of majority and cannot legally enter the contract?

Basically Private Parking Enforcement is a scam.

Channa

 

[hobenhobo]

What is deemed overnight, is it for example after midnight or until say 5 am. or could you park up at 3.am and leave at 6.am?. For instance if you were challenged at 11.pm and said you were leaving at 3.pm, does that constitute overnighting?.

 

[Deleted member 967]

What is deemed overnight, is it for example after midnight or until say 5 am. or could you park up at 3.am and leave at 6.am?. For instance if you were challenged at 11.pm and said you were leaving at 3.pm, does that constitute overnighting?.

There have been other threads covering this subject.

Basicaly if you are asked to leave, do so as soon as possible by the shortest route, do not haggle or argue.

The Police cannot prosecute by just finding you parked. They will advise you to move on though. They will act however if the landowner has asked you to leave and you have refused.

Private Parking Companies have been covered above.