Tesco Parking Fine....
 

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[Closed] Tesco Parking Fine...

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Quick bit of advice please after getting a letter having overstayed at Tesco.. I think the accepted practice is to ignore any communication with the fine collectors.... Is this a UK or England only perspective or does it apply to Scotland and Scottish law too?

Thanks


 
Posted : 12/03/2012 5:50 pm
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It's not a "fine".


 
Posted : 12/03/2012 5:51 pm
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Bin it. As above it's not a fine, can't be defined or even appear to be a fine, if it is displayed as such it's breaking the law IIRC.


 
Posted : 12/03/2012 5:51 pm
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File it in the bin and all subsequent letters. doesn't matter where you are, don't pay.

Loads on stuff on Martin Lewis's MoneyMakingExpert website about this.


 
Posted : 12/03/2012 5:52 pm
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TSY got something similar in Edinburgh and I don't think they've locked him up yet, or if they have they've given him a gym and pc access in his cell 🙂


 
Posted : 12/03/2012 5:55 pm
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Doesnt mention fine as such, its a "Charge Notice".. aye, its Edinburgh... TSY probably did their heads in and they let him out on compassionate grounds.. (theirs).


 
Posted : 12/03/2012 5:55 pm
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ignore it you will be fine


 
Posted : 12/03/2012 5:56 pm
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Junkyard - Member
ignore it you will be fine

IT'S NOT A FINE!!!!!


 
Posted : 12/03/2012 5:58 pm
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Ignore it.ditto all subsequent threats from debt collectors and they will go away.


 
Posted : 12/03/2012 5:59 pm
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Oh - the Mrs got one of these for parking in a hotel car park in Inverness last summer. We just ignored all the letters.

Yours is Tesco though - with the power they (allegedly) wield in the UK, they'll probably have you assassinated next time you're popping in for a bag of doughnuts and you scan your loyalty card.


 
Posted : 12/03/2012 6:00 pm
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Sounds like a waste of a stamp.


 
Posted : 12/03/2012 6:00 pm
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My wife got one of these at an Asda car park back in October

as suggested everywhere,all the various letter with increased amounts went straight in the bin

early December she got a County Court case raised against her for £176, which got scheduled for our local court for April 4th
Her case was that she didn't owe the money as she wasn't driving etc. So never entered into any contract with them.
The stress for her [she's struggling with other emotional issues right now] was extreme and the thought of having to attend court to defend the claim was to much and was making her even more ill
We settled today for £90

My advice would be to ignore the letters but don't bin them - just in case


 
Posted : 12/03/2012 6:09 pm
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How would having the letters have helped if you're not willing to contest the case?


 
Posted : 12/03/2012 6:15 pm
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a pal at work is having a little problem with these fly-by-night so called parking companies. He has a parking permit (Edinburgh) for a private car park at his flat.

He has pulled about 30 tickets from his windscreen even though he's parked legally with his permit on full display. At one point they were locking his car in the car park so he couldn't drive it out........i'm sure there are some legalities illegally impounding his car in his own space.

Any time he has called the company they give him the runaround and the council (who employ the *expletive deleted*) are taking no interest.

He's moving out at the weekend anyway, but the idea was to buy something particularly large and dump it in the space with all the tickets stapled to it.


 
Posted : 12/03/2012 6:16 pm
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How would having the letters have helped if you're not willing to contest the case

The solicitor we spoke to after we got the court papers advised us to keep them next time
we would have contested it but she couldn't handle it, so we paid up


 
Posted : 12/03/2012 6:17 pm
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Is there a link to the "law" on this?

IIRC it's not unlawful for a landowner to charge for parking on their land, though they must have notices up in order for a contract to be formed.


 
Posted : 12/03/2012 6:23 pm
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http://www.combinedparkingsolutions.com/legal.html

Parking tickets and charges, especially those issued on private land are hot topics for debate often fuelled by armchair lawyers who use various media such as the internet as their soapbox - As with many aspects of the internet this advice is very often ill founded and the people giving it are not legally qualified in any way and very often hide behind aliases and appear on many forums under multiple identities.

[I]Might[/i] be true?


 
Posted : 12/03/2012 6:27 pm
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I think that's true of a great many topics 😛

The legal reference for a Scottish case is University of Edinburgh -v- Daniel Onifade [2005 S.L.T (Sh Ct) 63], heard before Sheriff Principal Iain Macphail QC - and the full legal text can be found at http://www.scotcourts.gov.uk/opinions/sc514.html

This case found parking charges issued to be lawful and upheld the charges imposed.


 
Posted : 12/03/2012 6:32 pm
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Surely if they don't have the power to make you tell them who was driving, they can't charge the driver of the vehicle.....


 
Posted : 12/03/2012 6:34 pm
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Surely if they don't have the power to make you tell them who was driving, they can't charge the driver of the vehicle.....

I guess you can claim against anyone for anything and it's up to the court to decide it
They just do it all online for £25
They obviously get enough people to pay up to warrant it
I've blacked out a few bits to keep her ID out of it

[img] [/img]


 
Posted : 12/03/2012 6:37 pm
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You can only sue an individual, so you need an identity. Druid has a point but don't DVLA hand out details these days to companies like this (of course keeper is not nec. driver)


 
Posted : 12/03/2012 6:41 pm
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So she parked in a disabled space? Is she entitled to use that space?


 
Posted : 12/03/2012 6:44 pm
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cynic-al - Member
(of course keeper is not nec. driver)
My point exactly.


 
Posted : 12/03/2012 6:47 pm
 br
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I'd have argued the toss, as since when was '#' legal UK tender?

EDIT - wey on, 'disabled space'...


 
Posted : 12/03/2012 6:47 pm
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My point exactly.

Doesn't stop them issuing the CC papers though to the reg keeper


 
Posted : 12/03/2012 6:48 pm
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Woah there cowboy, wind that neck in.

So was valid permit displayed?


 
Posted : 12/03/2012 6:49 pm
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Woah there cowboy, wind that neck in.

I will when you wind you knee-jerk in

She can't truly remember if it was displayed, she thinks my daughter was driving anyway but she was there


 
Posted : 12/03/2012 6:52 pm
 irc
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For criminal cases - speeding etc the reg keeper is required to name the driver. Under S172 RTA 1988.

This does not apply to civil matters. So if the reg keeper did not park the car they are not liable for a Tesco parking charge and are not required to name the driver.

A letter stating they were not the driver should cover it.


 
Posted : 12/03/2012 6:54 pm
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And the over reaction of the year award goes to :


 
Posted : 12/03/2012 6:54 pm
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A letter stating they were not the driver should cover it.

it didn't


 
Posted : 12/03/2012 6:55 pm
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And the over reaction of the year award goes to :

you obviously missed his quick edit Mantastic


 
Posted : 12/03/2012 6:56 pm
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Indeed I must have as the question now posted seems fair and reasonable. Sorry for missing (I assume) the offensive post that has now been edited.

Good luck in your quest, me I would pay it straight away as couldn't be bothered with the hassle


 
Posted : 12/03/2012 6:59 pm
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In no way was it offensive!

It was a reasonable question, you seem to a bit vague as to what the events are leading to this "claim" had you been a bit more open as to the true events I may not assumed what I had assumed.

I repeat I was not offensive in anyway.

B


 
Posted : 12/03/2012 7:03 pm
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I repeat I was [u]in my opinion, at least,[/u] not offensive in anyway.

FTFY, best stop digging.


 
Posted : 12/03/2012 7:05 pm
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No it wasn't offensive it was ........

So she parked in a disabled space? 🙄

complete with rolly eyes, the eyes were removed and another sentence added


 
Posted : 12/03/2012 7:05 pm
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Ukcps H.Q just up road from me,will ninja up there and shit in there letterbox 😈


 
Posted : 12/03/2012 7:05 pm
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The driver is not identifiable in the photograph the company set us...


 
Posted : 12/03/2012 7:29 pm
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will ninja up there and shit in there letterbox

Brilliant


 
Posted : 12/03/2012 7:29 pm
 poly
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cynic-al - Member
I think that's true of a great many topics

The legal reference for a Scottish case is University of Edinburgh -v- Daniel Onifade [2005 S.L.T (Sh Ct) 63], heard before Sheriff Principal Iain Macphail QC - and the full legal text can be found at http://www.scotcourts.gov.uk/opinions/sc514.html
This case found parking charges issued to be lawful and upheld the charges imposed.


Al, I don't think anyone has ever argued whether you could issue parking charges. Onifade [who I am guessing was a cocky law student!] argued you couldn't call them Fines, and lost. He never tried to deny he had parked his car there and was aware of the published "terms" of parking - which are the usual arguments presented by internet advisors.

The problem (from the landowner's perspective) is that DVLA will identify the registered keeper not the driver. Because parking on private land does not require the keeper to identify the driver there is no way for the landowner to establish to whom they entered into a contract with.

If you are unlucky however they will have a picture of you coming in and good evidence of their sign etc. By the time it gets to court you could have racked up hundreds of pounds in fees. If they have a photo of you arriving and everything else stacks up the judge/sheriff is likely to decide you were just being a c0ck trying to avoid paying a legitiamite charge and award against you including all costs, etc. Remember he only has to work on the balance of probability not beyond reasonable doubt. It is low risk (at least at the moment) but is it worth it if you "broke the rules" - just pay the charge and learn to be more considerate to other people who want to use the car parking facilities in future.


 
Posted : 12/03/2012 8:40 pm
 DrP
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I received one of these as my wife parked in a Sandbanks hotel car park (she was there legit, but didn't give her reg number at the desk!).
I simply emailed saying "I wasn't the driver, please contact the driver to persue the fine" (literally not much more than this).
Received another letter saying "you haven't told us who the driver was. In case X vs Z, the court felt that on probability X was driving and has his balls chopped off etc etc...".

I got bored by this point, and have yet to hear back....

I did inform them there were 12 hours worth of medical notes with my writing in, 6 hours before and after alleged crime.....

DrP


 
Posted : 12/03/2012 8:58 pm
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Ignore it.
The only people who can issue fines are councils and the police.
You are being charged under contractual law. A contract has to be accepted by both partys. The PPC cannot know whether you agreed to the contract
Contractual law means you can only be pursued for the actual losses sustained. In a free car park these losses are nil.
you are not obliged to I.D the driver. The driver is the one who may or may not have entered into this contract. It is nothing to do with the registered keeper of the vehicle

It is clearly a fine as the amount changes dependent on when its paid.

The chap who got taken to court above was very unlucky and would very possibly won the case with a bit of work.

Go to pepipoo for some reassurance.


 
Posted : 12/03/2012 9:48 pm
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Tesco are not a nice company.

Stick it to them brother


 
Posted : 12/03/2012 9:49 pm