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10 minutes ago, Ginaro said:

In terms of the general point of private car parks, is it reasonable to give someone a £100+ invoice for overstaying in a free car park whilst they are shopping, for example?

 

This isn't about businesses claiming reasonable costs from 'irresponsible' parking on their premises,  its mostly predatory parking firms financially incentivising car park owners to allow them to manage the car park and chasing down every penny they can for profit.

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23 minutes ago, parsforlife said:

This isn't about businesses claiming reasonable costs from 'irresponsible' parking on their premises,  its mostly predatory parking firms financially incentivising car park owners to allow them to manage the car park and chasing down every penny they can for profit.

Doesnt the law say thats all they are entitled to actually claim though?

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18 minutes ago, Bairnardo said:

Doesnt the law say thats all they are entitled to actually claim though?

Isn’t their point is they are claiming for breach of contract which gives them more security, the argument being you agreed you’d pay them £120 if you  don’t leave within 2 hours and therefore it is reasonable to charge you that on minute 121,  not that you cost them £120 by staying that minute.

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2 hours ago, parsforlife said:

Isn’t their point is they are claiming for breach of contract which gives them more security, the argument being you agreed you’d pay them £120 if you  don’t leave within 2 hours and therefore it is reasonable to charge you that on minute 121,  not that you cost them £120 by staying that minute.

 

2 hours ago, Bairnardo said:

Doesnt the law say thats all they are entitled to actually claim though?

You can have unfair terms in contracts, particularly contracts which have been drawn up in advance by one party and have not been negotiated.

However, companies no longer need to limit their invoices to their loss.

The case law now says that these companies are entitled to put "punitive" conditions in their contracts because courts  reasoned, what would be the incentive for anyone to pay for parking, or keep to time, if all that happened when the invoice dropped through the door was you were charged your £3.50 for the hour?

 

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On 25/02/2024 at 16:52, johnnydun said:

Yeah, it was me. The photo they sent me as evidence in the letters I didn't receive (🤥) only contained an image taken by a person. I'm not 100% about using the Scaffolding excuse as there were other visible signs.

This is my thoughts, and if they do have footage of me, then I will use the scaffolding excuse.

The fine is for £160, plus expenses, Plus 8%.

I used to deal with simple procedure stuff, if it does come to having to pay then there should be no expenses due as it's below £3,00.  

Spoiler

Are there limits on the amount of expenses which can be awarded?

In a disputed claim there is normally a limit on the amount of expenses which can be awarded to the successful party (these are often referred to as “capped expenses”) and apply if:

  • the value of the claim is £300* or less - there will normally be no award of expenses.
  • the value of the claim is between £300* and £1500 - the maximum amount of expenses which can normally be awarded by the court to the successful party is £150.
  • the value is between £1500 and £3000 - the maximum amount of expenses which can normally be awarded by the court to the successful party is 10% of the value of the claim.

 *Only applies to simple procedure cases raised on or after 1st April 2019

Haven't read on further, maybe someone has pointed that out.  

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On 27/02/2024 at 13:34, Scotty Tunbridge said:

Does the cost of what you are chasing not need to be over £300 before you can even raise a simple procedure claim at the Sheriff Court?

No but not normally pursued due to not being eligible for expenses.  

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4 hours ago, Joe Terrapin said:

Got one today for overstaying at a Lidls. Straight in the bin.

Wife got one last week (while using my car, obviously) at Aldi. Same procedure followed.

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we got one in last week claiming we had parked at Craigleith, Edinburgh for 10 hours on a Saturday.

I dropped my daughter at school for Netball and headed down for a coffee, went in via the Sainsburys entrance and left via the other entrance. picked her up and did various other things. Needed something later on and went in via the other entrance and left via the Sainsburys entrance. So as far as that camera is concerned, I had been in there for 10 hours.

Letter comes with pictures showing me entering and leaving via the Sainsburys route nothing of the other exit. With the wife's job she makes me get in contact with them to sort it out (it won't impact her job but anything for an easy life) I put in my appeal requesting they view the footage of the other entrance/exit and they will see my car coming and going. I got an email back within 24 hours saying 'we have checked the footage and we can't see your car moving around the car park but in this instance we will cancel the charge'

Next time i was in i had a look around. You can't miss the camera on the Sainsburys side but neither of the 2 ways of going out the other side have a camera.  I guess they write to people they can see entering and leaving via the Sainsburys entrance longer than 3 hours in the hope that some will pay up.

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2 hours ago, steelmen said:

we got one in last week claiming we had parked at Craigleith, Edinburgh for 10 hours on a Saturday.

I dropped my daughter at school for Netball and headed down for a coffee, went in via the Sainsburys entrance and left via the other entrance. picked her up and did various other things. Needed something later on and went in via the other entrance and left via the Sainsburys entrance. So as far as that camera is concerned, I had been in there for 10 hours.

Letter comes with pictures showing me entering and leaving via the Sainsburys route nothing of the other exit. With the wife's job she makes me get in contact with them to sort it out (it won't impact her job but anything for an easy life) I put in my appeal requesting they view the footage of the other entrance/exit and they will see my car coming and going. I got an email back within 24 hours saying 'we have checked the footage and we can't see your car moving around the car park but in this instance we will cancel the charge'

Next time i was in i had a look around. You can't miss the camera on the Sainsburys side but neither of the 2 ways of going out the other side have a camera.  I guess they write to people they can see entering and leaving via the Sainsburys entrance longer than 3 hours in the hope that some will pay up.

Fucking Hell, just tell her you did it! There's no need to actually do it.

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9 hours ago, steelmen said:

we got one in last week claiming we had parked at Craigleith, Edinburgh for 10 hours on a Saturday.

I dropped my daughter at school for Netball and headed down for a coffee, went in via the Sainsburys entrance and left via the other entrance. picked her up and did various other things. Needed something later on and went in via the other entrance and left via the Sainsburys entrance. So as far as that camera is concerned, I had been in there for 10 hours.

Letter comes with pictures showing me entering and leaving via the Sainsburys route nothing of the other exit. With the wife's job she makes me get in contact with them to sort it out (it won't impact her job but anything for an easy life) I put in my appeal requesting they view the footage of the other entrance/exit and they will see my car coming and going. I got an email back within 24 hours saying 'we have checked the footage and we can't see your car moving around the car park but in this instance we will cancel the charge'

Next time i was in i had a look around. You can't miss the camera on the Sainsburys side but neither of the 2 ways of going out the other side have a camera.  I guess they write to people they can see entering and leaving via the Sainsburys entrance longer than 3 hours in the hope that some will pay up.

They must get hunners of complaints then if they dont cover the other exit - especially as its at the petrol station.

I havent been in for a while, but will watch out for that next time.

What tossers !

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14 hours ago, Leith Green said:

They must get hunners of complaints then if they dont cover the other exit - especially as its at the petrol station.

I havent been in for a while, but will watch out for that next time.

What tossers !

Its not normal that i go twice in the one day or if i do, i would probably just use the same entrance/exit. I have saw the signs and assumed that there were cameras covering the exits but it wasn't until this came in i had a look and the last one i could see was between Curry's and (now) Burger King and its facing towards Homebase not the actual exit.

 

22 hours ago, Sergeant Wilson said:

Fucking Hell, just tell her you did it! There's no need to actually do it.

She's a solicitor, she wants evidence.

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2 hours ago, steelmen said:

Its not normal that i go twice in the one day or if i do, i would probably just use the same entrance/exit. I have saw the signs and assumed that there were cameras covering the exits but it wasn't until this came in i had a look and the last one i could see was between Curry's and (now) Burger King and its facing towards Homebase not the actual exit.

 

She's a solicitor, she wants evidence.

Think of another lie. Automated multiple choice, call queue, Indian call centre, or you could ask her to do it and quite law at them.

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Found it interesting that the Lidl just down from Airdrie's ground, which I believe has been there for a while, has no signs regarding length of stay/fines if exceed this etc and was suggested by Airdrie fans as somewhere to park pre-match. Used it earlier in the season and true enough no signage. 

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23 hours ago, Sergeant Wilson said:

Think of another lie. Automated multiple choice, call queue, Indian call centre, or you could ask her to do it and quite law at them.

Fcuk that, she'd pay the fine!!!

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2 hours ago, Raithie said:

Found it interesting that the Lidl just down from Airdrie's ground, which I believe has been there for a while, has no signs regarding length of stay/fines if exceed this etc and was suggested by Airdrie fans as somewhere to park pre-match. Used it earlier in the season and true enough no signage. 

Maybe it was part of the planning permission from the Council that folk could use the car park. Some supermarkets don't have time limits on their parking

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