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Post by Jane GillettPost by JeÃusPost by John Silverhttp://www.eastbourneherald.co.uk/news/local/video-upset-over-new-restrictions-in-eastbourne-lidl-store-car-park-1-6195755
John
Ridiculous. Is it actually legally enforceable? We have some public
car parks here in Australia that are operated by a private company -
they issue 'fines' but those in the know realise that they can be
safely ignored.
Now <that> is an interesting point.
What law has been broken?
What is the position if the car park management company decides to clamp
cars which they decide have no right to be there (not paid or whatever
reason)? In that case they will certainly cause a great deal of
inconvenience even if the owners get their car back in the end.
*Law* is not what is broken..... a civil contract is (or might be) however.
Clamping is now illegal on private land so that won't happen.
Fines have to be proportionate to the parking costs and they are ONLY
*legally* enforceable by a Court Judgement against a civil debt.
Most (all...?) companies don't waste the Court costs (even the online small
claims court process) to recover the parking charge(s).
Interestingly, what the company could do is refuse entry not only entry to
the store but to actually buy goods there. It all gets very silly, of
course...parking attendants needed at cost then no doubt Police calls to
deal with unpleasant events when the parking attendant/store staff refuse
entry to store etc.,
In reality, the best system (it sems, at least) is to get upfront payment
for parking (barrier system) which is redeemed in store at time of shop (a
la M&S, perhaps?).
Driving customers away with fines - whether they are collected or not - is
counterproductive to the business. Unfortunately, with local press,
twitter, Facebook et al these days....the message gets broadcast widely very
quickly.
[BTW, I do have some sympathy with the company over the abuse of their
*free* parking for customers by others who shop elsewhere. Working out who
are genuine customers is the trick)
JD