Gritting etc a supermarket car park

[Surfer01]

We all know that the PPCs are supposed to manage car parking on supermarket etc car parks. Would they also be responsible for ensuring that car parks were gritted to prevent accidents as that would be part of managing the car park to ensure safe parking? If the car park was not gritted and an accident happen, would you be able to claim off the PPC who has a contract from the leaseholder to manage the car park?

[Michael Browne]

Only if you could prove that the contract between the landowner and the PPC included a clause to that effect. Good luck with that one!!

[BankFodder]

It is interesting to the extent that if the parking companies manage to establish a situation where they do have the right to sue for parking charges, then that would probably make them an "Occupier" for the purposes of owing motorists a duty of care - both under the Occupiers Liability Act and also in contract.

One moght be able to establish a whole range of liabilities - including liability for security of cars an of people in the car park.

[Surfer01]

Only if you could prove that the contract between the landowner and the PPC included a clause to that effect. Good luck with that one!!

 

I don't have any issue but I was wondering about the situation in the event of a mishap. If you review the Parking Eye vs Somerfield, it talks about PE managing the car park and parking and no mention of adverse conditions. If they do not take action to manage the car park, then surely they are failing in their contractual duties as they are not managing car parking. I am just looking for another reason to make their tickets unenforceable.

I wonder if any are out there today issuing tickets for not parking between white lines or in disabled spaces? Or perhaps issuing tickets because they cannot see them under the layer of snow?

[Surfer01]

It is interesting to the extent that if the parking companies manage to establish a situation where they do have the right to sue for parking charges, then that would probably make them an "Occupier" for the purposes of owing motorists a duty of care - both under the Occupiers Liability Act and also in contract.

One might be able to establish a whole range of liabilities - including liability for security of cars an of people in the car park.

 

That would include vandalism, damage to car, car stolen and probably a host of other issues that they never thought of at the time of the contract.

[DBC]

I have noticed on some Parking Eye signs a statement to the effect that PE are only responsible for monitoring the use of parking bays, and are not responsible for anything else to do with the car park, including damage to vehicles, the state of the road surface etc.

Edited January 18, 2013 by DBC

[johnjordan]

I wonder if any are out there today issuing tickets for not parking between white lines or in disabled spaces? Or perhaps issuing tickets because they cannot see them under the layer of snow?

 

A couple of years ago a council run car park where I live was covered in snow one morning. Cars were parked in nice neat rows but when the snow melted the traffic warden issued tickets to all those that were not parked within the marked bays . The council refused all appeals.

[ericsbrother]

the standard contracts I have seen leave the PPC with no liability for anything, including their own actions so that is one you would have to test. It beats me why any retailer would sign up a company on the terms seen, they are unbelievably poor value for the landowner.