Parking Fine - Contract Law?

[hewston]

Hi,

 

we have been given a parking fine by Apcoa Parking, who operate the car park at Cheltenham train station

 

We parked our car at Cheltenham train station on the Friday before Cheltenham races to get train to go to the Scilly isles. We paid for the parking via the automated phone system. Due to poor weather we were delayed getting back until the following Tuesday rather than the Monday, the day Cheltenham races started. Because we did not want to get a parking fine, we phoned the automated system which allowed us to pay for an extra days parking.

 

When we got back to Cheltenham we were given a parking ticket since they stated the car park was closed from the start of the races.

 

2 questions;

 

1. they accepted payment for the Tuesday and took money from our account for that days parking, knowing that we werent supposed to park there - therefore would a contract have been formed when they took money from us? if this is the case are they are in breach on contract law? - therefore they cannot impose a fine? (they also had every opportunity to advise via their automated system the carpark was closed for that day which they did not do)

 

2. we did not see any signs saying he carpark was closed on a certain day (we dont live in Cheltenham so do have access to the local press) They are claiming signs were there and have sent photographs (but these were after the car park was closed as there was no cars there!)

 

what should my repsonse be? so far we have appealed by writing and they wish to fine us £50

 

many thanks

[Mossycat]

In the eyes of the law it would appear you have a valid contract. They offered you something (parking) which is an invitation to treat, you accepted their offer and offered payment (an invitation to treat is just that until it is accepted at which stage it becomes a contract) and their automated agent accepted your offer to pay. Consideration (the price each party pays for the promise of the other) is most certainly present, so a valid contract would appear to be in force.

 

Furthermore you can show that you did all that was possible to adhere to the terms of the contract because you purchased an additional day of parking, it matters not that this was by automated process, they set up that automated process therefore if it was wrong they have to stand by that error.

 

You will probably find that your appeal gets rejected (they want money), but it is NOT a fine.

 

Parking or penalty notices are not my area of expertise but I seem to recall that some station car parks are subject to some bye-law which makes them different to private land.

 

If it's private land then the templates BTB has put together will handle it.

 

I wouldn't at this stage consider paying them anything more.

 

Mossycat

[Bernie_the_Bolt]

You need to find out if this car park operates under railway bylaws and if so what they state about temporary closures.

 

You also need to find any reference to Force Majeure.

[seething]

Hi hewston, The only thing you need to do is not pay them!!

 

It is not a fine it's an invoice! If they want to recover this sum from you they would have to take you to court. They most probably wont especially as they would probably lose the case. They do not have the same powers as the police, local authority or traffic wardens. Furthermore their tickets should not look like parking fines (it's a CPN not a PCN right?). If so THEY are breaking the law. If they give the impression that you are breaking a criminal law then THAT is illegal in itself.

 

You may have broken a contractual agreement. So what?

 

Paul Adams

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see this from my local paper about my dealings with them

"Parking ticket wrong colour escape"

[emsgeorge]

Seething - the railway car parks can either be operating under the railway bylaws (in which case they CAN and WILL take you to court) - or it may be a PPC, in which case, tell them to go and jump.

 

Bear this in mind before advising people that its uninforceable and an agreement.

 

Unless of course you have some sort of insider knowledge between you and the OP - and have actually seen the ticet.