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Euro Car Parks - Exceding short stay limit


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Hi.

 

Toady, parked in a Euro CP, have used this form many months. Normally only there 2-3hrs. This time, stayed for 5hrs 25mins and got a penalty charge of £20. The only place that this offence is indicated is A) on your way in, small print on sign that you drive past, not automatically in drivers view and B) on the machine that you pay at on the way out which of course by then you have exceded the 5 hour limit and dont see the info again about the charge until its too late.

 

I explained to the attendant that this was a genuine oversight and I was willing to pay for my 5.5 hrs of parking but he would not budge.

 

Any angles I can take to get some cash back would be greatly appreciated.

 

Ludlum.

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Yes there are....

 

Firstly, did you ID yourself to the attendant? Did he see you drive the vehicle in or out?

 

If not then you are under no obligation to implicate yourself or indeed whoever the driver may have been.

 

Private Car Parks have no statutory powers. They work on the law of contract only. It is also the case that they must hand you the invoice. Should they not, they can poke it. In the future get into the car, ignore the attendant, don't speak to him and drive off giving him no chance to issue the ticket. It becomes a practical impossibility for them to do anything at that point.

 

However, as I was saying the private parking companies work on the basis of contract. When you park in the C/P you accept the terms of the contract by actions (or so it is implied). However you may not accept in ignorance and the company must make the terms and conditions clear. If you don't know about them or the company make the signeage so obscure as to effectively 'dupe' people into parking and being stung by unfair T&Cs then again the matter becomes impossible for them to progress.

 

The essence of their case against you (if we can call it that) if that in overstaying you breached your contract with them. The only remedy in contract law is damages, it's much the same principle as applies to bank charges. So this £20 must represent liquidated damages. In this case I would suggest it to be lost revenue from your taking up a space and not paying for it.

 

If you offered to pay for your extended parking then you offered such damages as the law entitles the parking firm to. The attendant refused, so he refused your attempt to settle, and he decided to impose a sum significantly more than the loss. They are on to a loser right there.

 

The question is do you have the stomach to tell them to poke it?

 

I wrote an account of my own experience with this band of cowboys just above. Have a read and if you think I can help you then just send me a PM and I'll answer any questions as I can.

 

All the best,

 

Pete J

Litigation –

 

Lloyds TSB – Won (x2)

Barclays – Won

Abbey – Won

Welcome Finance – Won

Capital One – Won

AS Securi-T (as an advisor) – Won (x2)

 

Barclaycard – Ongoing

Lloyds TSB Credit Card – Ongoing

Experian – Ongoing

Ebay - Ongoing

Barclays (DPA issues) - Ongoing

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