Are supermarket parking charges legal?

[RickB]

Hi,

I need help to settle a diference of opinion, are supermarket charges for parking over the allotted free time legal? That is if there is easily viewed signage which says along the lines of "first 2 hrs free any overstay will incur a charge of £40 etc" (No clamping involved).

The wife of a workmate got this charge & paid but he says if he had known it was for parking overtime in a supermarket he would have told her not to pay & there would be nothing they (the supermarket/parking co) could do as it was illegal. This is solely for carparks in Scotland.

 

Thanks in advance for any answers/info.

[sailor sam]

Don't know if Scotland have specific rules which are different from England & Wales on this but the answer to the title of the thread is yes, if you agree to pay them. However, this comes under contractual law which means a contract has to exist between the land owner and the user (meaning the driver of the car) where by the user agrees to pay the relevant parking fees. If the user fails to pay then the land owner must prove who the user was if it went to court. I think thats it in a nut shell.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[dx100uk]

load of twoddle

 

they are invoices not parking fines

 

ignore!!!

 

dx

[Al27]

You can charge for parking in your car park.

 

You can *attempt* to charge for a contractual breach for an 'overstay', which amounts to an unenforceable contractual penalty.

 

99.9% of supermarket private parking charges are the latter and should be ignored.

[buzby]

And becasue it is in Scotland, there is no sanction of being clamped either.

[RickB]

Thanks for the replies, so they are legal but are only enforcable if the supermarket can identify the driver of the offending vehicle.

[kwaks]

Thanks for the replies, so they are legal but are only enforcable if the supermarket can identify the driver of the offending vehicle.

 

NO NO NO.

 

 

They are not illegal in as much to put up signs etc, however they are not enforceable through contract law which would only allow the landowner to seek damages (damages for parking in a free spot?).

 

All of these can be ignored with no realistic threat of comeback.

 

There is only ONE potential difference to Scottish carparks, where the landowner allows the council to monitor and track their disabled spaces and thus ticket them. This would only apply to tickets from councils and as yet I have not heard of ANY council who have attempted to use this new legislation, the red tape surrounding it is massive and ultimately following would lead the councils to a negative return for private spaces.

 

These supermarket parking charge letters should be seem as invoices, your choice whether to pay them as long as you know they are ultimately unenforceable.

 

HOWEVER, some ARE illegal, those which use the phrase fine or penalty are the easiest examples. (only a court or council can issue fines).

[Al27]

Thanks for the replies, so they are legal but are only enforcable if the supermarket can identify the driver of the offending vehicle.

 

They're not enforceable. Try putting up a sign on your driveway saying "No Yellow Pages. If you enter this land to post the Yellow Pages you are contractually agreeing to pay the houseowner £150. This will increase to £300 if payment isn't received within 28 days".