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I got a 'penalty charge notice' in Oslo, Norway from EUROPark, which states to be 'a member of APCOA Group'.

On the back, it says that the private parking area that I parked in is run in accordance with the Norwegian standard terms of private parking enforcement.

The Norwegian terms they posted on their website is this:

 

The owner of privately owned land has the right to freely determine the conditions for use of and passage over such land. EuroPark and InterPark offer parking and administer regulation of use of private land in accordance with the agreements between the parking company and the owner of the land. Such agreements mean that parking company, on behalf of the owner, determine the conditions for use, enter into contracts for parking on a short or long time basis and administer the enforcement of applicable parking conditions. The applicable conditions are displayed on signposts at the parking area in question.

 

Legal precedent states that by entering onto an area which is regulated on a Norwegian civil law basis, it is considered that a contract has been entered into between the user (driver) and the landowner. In areas which are regulated or administered by EuroPark or InterPark, EuroPark or InterPark represent the landowner. The preconditions for a contract shall be deemed to be fulfilled as long as comprehensive conditions of use (parking) are displayed on signposts which are easily visible. The driver of a vehicle is by entering onto the area deemed to have accepted these conditions.

 

 

 

I am confused whether to pay or not, and worried because the APCOA group also has a branch here.

 

Opinions would be appreciated..

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Do you live in England or Norway? If you live in England you could always us there silly invoices as fire lighters or toilet paper. Just ignore them and they will go away.

 

Unfortunately if you live in Norway I can't help.

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Mmm, gotta be carefull with this one!

 

How can they have a contract with the driver without knowing who the driver is? Thats the obvious question asked in a case about privae parking companies in the UK. The general advice is to ignore as private companies cannot administer fines and have no legal powers apart from taking civil action. To do that, they first must identify the driver of the car at the time as the 'contract' would be with him/her. The other question which springs to mind is how can they trace you? were you in a hire car or something?

 

Hopefully others will comment further on this.

 

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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 face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Do you live in England or Norway? If you live in England you could always us there silly invoices as fire lighters or toilet paper. Just ignore them and they will go away.

 

Unfortunately if you live in Norway I can't help.

 

 

Thanks for your reply.

I am living in neither, but one of EU countries.

Would they blackmail foreign drivers?

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of course they would, they do it it 'same country' all the time. its a mail [problem].

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REGULATION (EC) No 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 June 2008

on the law applicable to contractual obligations (Rome I)

 

Article 4

 

Applicable law in the absence of choice

 

 

(b) a contract for the provision of services shall be governed by

the law of the country where the service provider has his

habitual residence.

 

This means that unless the contract states that the law of a particular country governs the contract, then the law of the country in which the company is resident is the law.

 

In the case of the UK law, this states that a claim under a breach of contract cannot be made for more than the loss. Any such claim above the actual loss is a penalty and penalties are not applicable to consumer service contracts.

So if the carpark that you used was free, then the loss is nil and no compensation for loss can be made.

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