The 4 hour threat of a fine

[fourbytwo]

Had a strange conversation with a worker down at the new Silverburn Complex, his role was to check parking outside Tesco's for anyone abusing the parking, and signs erected indicated a £60 fine could be imposed.

Asked him if the company had in fact fined anyone so far......refused to comment...!
Asked him what legal proof he had to state a car had in fact been there more than 4 hours.....stated that he monitors cars and knows how long they have been there...!
Tried to argue that without any photographic/digital/timestamping evidence, it would be his word against the car driver.
Tried also to find out how he can accurately time a car arriving, without any ticket displayed on the car...
Tried also to find out what 'legal rights' his company have in recording anything about private individuals/cars....and also what happens to that information...

on the last 3 points his attitude changed and he became defensive, and walked away...........

would be VERY INTERESTED in hearing from anyone who has been fined for this, or threatened with a fine, and how this was documented.....!

[Dave]

A load of shite as far as I'm aware.

They put the wee fanny in a nice bright coat and give him some 'important shpeel' to make him feel as though getting a tenner more than the broo would give him is worthwhile.

If you do get a 'fine' ignore it, as far as I believe no private individual/company can apply a fine in Scotland. I think it dates back to the laws made to stop twats clamping folk. Add to that the huge expense of having to go to court for a £60 return in a his word against mine case

[big/davie]

Have a wee read at this,it's something similar to what tesco and other supermarkets do
http://news.scotsman.com/opinion/Ask-Th ... 3859386.jp

[AlanM]

By entering a private car park with these signs displayed and parking you are entering into a contract (agreeing to abide by the published terms including to pay a charge if you overstay your welcome).

The guy will wander round the carpark say once an hour, punching registration nos into a handheld computer, any cars staying more 4 hours can then be charged, if you don't pay you are in breach of contract and they can take you to court (usually small claims)

btw. DVLA sell the car park operators your details, well the details of the registered keeper of the vehicle.

[Dave]

No, there needs to be an exchange for the contract to be legal. A sign does not constitute an exchange agreement

"A "parking ticket" issued by a private company is not legally valid. Ignore it. If they come after you write back to them and tell them unless they stop contacting you you will sue them for harrassment."

Quote from

http://www.theshoppie.com/arbroath/foru ... hichpage=1

[Dugald]

After reading through the postings here I get the impression there are quite a few among us who seem somewhat reluctant to accept parking restrictions. I have always considered it quite reasonable to make use of parking restrictions in an effort to ensure the right to park is not abused. These restrictions are for the benefit of all the people, not just for those who choose to ignore restrictions. If a car is parked in Tesco's parking lot (which is probably maintained at their cost), for more than 4 hours, then I think this is unreasonable. The parking-lot attendant is there to try and make sure everyone has a fair share of the parking space available. Without some attempt at traffic control of some reasonable kind, the residents in your city will find their movements severely restricted. Parking is a major part of traffic control.

[Dave]

Erm, OK so I privately own space on which the public are allowed to cross and stop should they wish. I'll stick up a sign saying "If you look at my wares you must purchase them" that'll help me no end.

It's a pikey scam put it to rest

EDIT: I'll correct myself it'd be a half-pikey scam given that land is owned

[dansamin]

The contract is entered into by entering the carpark and parking. There has to be sufficient signage posted around for drivers to see. I think there is sufficient signage because I noticed them at Silverburn and that is unusual for me!

The problems these companies have is they have no way of identifying the driver and their charge is more than likely a penalty and therefore not enforceable in the same way as certain bank charges have been challenged.

If you get a ticket and do not pay the company can get the registered keeper's details from DVLA for a fee. They will then write to the registered keeper looking for their money. The registered keeper was not necessarily the driver at the time. The company has no way of identifying the driver and therefore no way of collecting payment unless the registered keeper voluntarily gives them the driver's name. My advice would be to write back asking them if they can identify the driver and if they can't to not contact you again.

[Dave]

Thank you for your first post, Welcome to HiddenGlasgow.com

So in other words it's a load of shite.

Thanks for the backup

[dansamin]

Yes, a load of shite and thanks for the welcome.

[Dexter St. Clair]

Looking forward to more fonejacker style attacks on workers. It's efforts like this that stopped the Government from introducing a maximum of 28 days in jail without charges being brought. You now join the ransk of Ghandi, Rosa Parks and Bobby Sands.

We salute you.

They Also Serve who piss off guys trying to do a job of work without being hassled by an arsehole.

[Reenie Bujman]

The contract is entered into by entering the carpark and parking.

...

If you get a ticket and do not pay the company can get the registered keeper's details from DVLA for a fee.

A contract of this sort isn't worth the paper it's written on...

The Data Protection Act 1998 is supposed to ensure that data controllers use data only for the purpose for which it was gathered. There are exemptions, of course, but I think it would be worth searching through the act to see if DVLA are in compliance. When collecting data, you are supposed to state what that data will be used for. That's why we see these tick-boxes asking if it's OK to share your data with "selected companies".

Really, we should be hacking into the DVLA database to find the registration numbers of cars registered to Tesco and then making up some plates to cover our own before parking in their car park.

[krakow]

Isn't this all academic, since who would want to spend more than 4 hours shopping in Tesco anyway?

I'm a Tesco fanatic and even I don't find it that interesting.

[cheesemonster]

well if it's the Tesco carpark at Silverburn then I'm sure that people who work their way down both sides of Silverburn then go for food at one of the restaurants could be there for 4 hours or more...

[Doorstop]

They deserve a fine just for being so sadly addicted to the 'retail experience'.