Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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Yesterday, parked in my local multi-storey, privately managed.
The type where you take a ticket then pay on return. As it so happened I lost my ticket somewhere in town, when I returned I spoke to the bloke in the office, gave him my time I arrived and said he could use the cctv to check and offered to pay for my time. He then pointed to a sign in the window saying lost tickets will be charged at a full day rate of £35, so I said I wasn't paying that as I believe trying to penalise me for a genuine mistake was illegal, he said it wasn't as there was signs, so I basically said I wasn't paying it so what now. He said well I will have to leave the car there, again I questioned the legality of that, to cut a long argument short, we came to an agreement where I just paid from 9am which was 7.40 or something, I wasn't going to argue over that so paid.
I don't actually know the legalities of this, anyone? way I see it as I wasn't breaking any contract as I was perfectly willing to pay for the time I parked
[Edited on 30-03-2014 by Steve]
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ShEp
Member
Registered: 9th Aug 05
Location: Dingwall, Highland
User status: Offline
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Probably within their rights to charge you the day rate if they have signs up.
Wouldn't stand up in court though. They play on the situation you're in, as they know you want your car back.
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Toby
Premium Member
Registered: 29th Nov 05
User status: Offline
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My understanding (which could be inaccurate) is that you by parking their have entered and accepted their terms and conditions of the 'contract' in which the contract is to provide parking for a payment of a specified amount supported by the T&Cs. They put signs up everywhere so they can stipulate you would be aware of the T&Cs should you break the contract. You broke the contract by losing the ticket and that was their fine to you. You could argue you didn't see the songs and that was predominantly the biggest get out clause but that's why the car parks are littered with signs these days.
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Toby
Premium Member
Registered: 29th Nov 05
User status: Offline
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I also think they are entittked to withhold your property and place it under Lein (provided its in the full wording of the T&Cs) until the debt is settled in full.
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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Its a private company, they aren't allowed to fine you?
They can only charge you for using the car park, and for any loss of earnings incurred by your parking there. I was offering to pay, so nothing was broken.
I would have thought the onus is on them to operate a system that can take into consideration quite a common thing that must happen in losing the tickets. Its a handicap of there system and I don't think the user should be penalised.
I may well be wrong though
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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Also I didn't notice any signs about lost tickets, the signs are at the office and the pay machines, either which isn't clear because you don't look at these things when parking up and walking off.
There are no signs about lost tickets on the main t&cs on car park entrance.
Wether its applicable or not I don't know, but the lost ticket signs are an after thoughts, a printed bit of a4 paper next to the t&c's so not even part of the original text
[Edited on 30-03-2014 by Steve]
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Toby
Premium Member
Registered: 29th Nov 05
User status: Offline
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Fine / charge, wrong choice of words. All the same to them. Your argument would be you weren't aware of the T&Cs when you entered the contract. They are contractually able to charge you for a lost ticket as stated in their T&Cs. The grey area which is getting less grey, is they would have to prove you were aware of the conditions and as you don't sign anything etc they have to ensure your given every opportunity to ensure you do read and understand the T&Cs. I personally have noticed an increase in the amount of signage in private car parks along with CCTV to confirm if you were present.
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JordyCarter
Member
Registered: 14th Mar 10
User status: Offline
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When you enter the car park you automatically enter there agreement, they back this up by saying correct signage was displayed. Your not being fined your receiving an invoice. You can claim that it is not a true loss of earning etc. Quite lucky the guy did that tbh there normally right cunts!
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
User status: Offline
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Are you going to go back and ask for a refund? If not, I wouldn't worry about it and just let it go.
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Tomnova16
Premium Member
Registered: 21st Jan 06
Location: Gerrards Cross Drives: Porsche 911
User status: Offline
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I thought it was standard practice and knowledge that if you lose your ticket you pay the maximum daily amount.
Don't lose your ticket.
http://www.lemass.co.uk/ for all your automotive/bodyshop needs
Located in Chalfont st Peter
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Ian
Site Administrator
Registered: 28th Aug 99
Location: Liverpool
User status: Online
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The charge is based on your contract with them but the full day rate clause would have to be made clear to you.
In the same way the signs for parking charges need to be clear and if they're not available to you, you're not bound by the contract which results.
I assume you were in the Mini and making your own exit didn't enter in to the decision to pay 
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
User status: Offline
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lol yeah land rover may have had more impact
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Colin
Member
Registered: 4th Apr 02
User status: Offline
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You drive a defender, just smash through the exit barrier in a cloud of black smoke 
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Nic Barnes
Member
Registered: 5th Apr 04
Location: nowhere near ginger people
User status: Offline
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didn't happen imho, just wanted some internet attention.
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