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Re: [LUG] OT private parking was Re: Can we do something about mandleson?

 

John Hansen wrote:
tom wrote:
James Wonnacott wrote:
tom wrote:
james kilty wrote:
On Tue, 2009-11-24 at 20:39 +0000, James Wonnacott wrote:

private parking?????
Under the current law, if you overstay in a private car park, you are
only liable to be sued for damages which is the payment you should have made. "Fines" are not actually legally enforceable unless the car park is subject to the Road Traffic Act. They in fact are a scam to get more
money for the firm acting on behalf of the owners. The firm tries to
coerce you with threats which lead to bailiffs arriving - not true as
contract law would go before a County Court, not a magistrates court.
Most people cave in thinking the sticker on the windscreen has legal
backing.

Alas, in the UK it appears that clamping is legal, unlike Scotland, even though it is disproportionate, which is why fines are not legal. It is a m,ess and there is legislation coming forward to deal with this, but I cannot seee it restoring the correct state of affairs. Hence my letter
to the MP.
It is a tricky one - I say this as someone who has spent ~£1000 on transport due to the fact some idle idiot had parked across our driveway blocking in our cars. I had two choices - buy a clamp+notices and get back some of the money for car hire from the dick-head who parked there or phone the police and get it towed away after several hours - this cost the prat who parked his car there £300 but I got nothing back.
What would you recommend in that situation?
Tom te tom te tom



Personally I'd push it out of the way but then I've got a Landrover:-)

If I did that I would be liable to any spurious damage claim the owner made up!!!
Tom te tom te tom


I would call the Police and Council and let them sort it out.
Fortunately this is all in the past (we moved) but it was a regular unsolvable problem:
1) you find your cars are blocked in and you need transport you incur costs.
2) the police wont say who owns the car so you cant get money back from them without incurring 10* as much in legal expenses that may not result in payment.
3) any action you take makes YOU a criminal.

the only 'fair' solution for us would have been to get a wheel-clamp and put up signs and charge those idiots that blocked our driveway - I'd love to have been able to charge them for loss of earnings - missing job interviews nearly incurred medical expenses as well. Waiting 4 hours to get a car towed so you can turn up 4 hours late to a works meeting with 20 other people is not a 'solution'. Much as I hate how SOME people use wheel clamps for others they are the only realistic solution for some against those that think they have the right to park anywhere they feel like and sod the rest of you.
Tom te tom te tom



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