Private Parking Companies And Their Illegal Car Park Signs In Sheffield

[Darth Vader 10]

Whatever the outcome, things are only going to get worse as more people know they can ignore the signs / warnings / penalties.

 

Things are only going to get worse for who? Excel?

[Cyclone 10]

Things are only going to get worse for who? Excel?

 

People who own car parks and wish to reserve their use for their customers. The owners of any private land where someone wishes to just dump their car.

[alchresearch 214]

Or people who arrive late to the cinema, can't find a space so double park and block someone in, or restrict the road by parking on the double yellows like I've seen a few times.

 

Maybe when those of you who despite Excel are blocked in or inconvenienced then you might think differently.

[Walkley Dave 10]

When that happens do Excel do anything to remove the problem (or indeed have they ever?)

 

No, is the answer you are looking for.

 

You do seem to fail to understand that the Private Parking Company model is not about parking control - because otherwise they would do it differently.

 

It is about making money for the parking companies by issuing so-called fines.

[alchresearch 214]

In your opinion perhaps. For others maybe the signs indicating the parking rules and the penalties for not following these rules is enough?

 

But there will always be a minority who don't seem to care:

 

When i visited Jessops hospital at the weekend,(and thats when i saw the clamping signs ), i didnt pay to park seeing as its our good friends at Excel who run the car park .

 

Is it right to avoid paying just because you know the penalties are meaningless? How will this affect the hospital in future if everyone decides not to pay?

[Walkley Dave 10]

And I bet you won't get an answer.

 

I posted this link a few weeks ago and made reference to the comments at the bottom of the page, and certain posters on here just dismissed them and even said that they were made up by the clamping companies.

 

You will get an answer though it may not be the one you want and expect.

 

Clamping has been banned in Scotland for about ten years. Have you seen the world collapse up there?

[Walkley Dave 10]

Is it right to avoid paying just because you know the penalties are meaningless? .............

 

Time and time again I have said I believe in paying for parking on private land.

 

And the objection is to the so-called "fines" and threats that are made - none of which have any legal standing. Not to the paying for parking.

 

There will always be people who avoid society's rules. Like Private Parking Companies issuing meaningless solicitor's letters and threatening people with debt collectors, often frightening people beyond reason.

[barleycorn 10]

It has to be a real provable loss, not a theoretical 'average' one.

 

As I understand it it only has to be a genuine pre-estimate of the financial lose.

A court will uphold a liquidated damages clause if satisfied that the predetermined sum was a reasonable estimate of the probable loss following breach.

A liquidated damages clause is likely to be unenforceable as a penalty if:

1) the pre-determined sum is considered to be an unreasonable estimate of the probable loss, or

2) it has been used by one party to impose pressure or oppression on the other (which could be said to be another way of expressing the unreasonable nature of the predetermined sum).

a clause will not necessarily be a penalty where a precise pre-estimation of the predetermined sum is impossible.

 

So, a calculation based upon the average sum of eveyone who walks through the door would probably pass muster (IMO)... this is of course moot if the car park wasn't full (or perhaps near full) as the business has suffered no demonstrable loss.

 

jb

 

http://www.bermans.co.uk/publications.php?5.articles.view.486

[alchresearch 214]

There will always be people who avoid society's rules. Like Private Parking Companies issuing meaningless solicitor's letters and threatening people with debt collectors, often frightening people beyond reason.

 

But if they're acting so wrong with their letters, why has no action been taken against them? Someone on here once said they were illegal or threatening. If that's the case why haven't the police acted?

 

Of course you could always avoid these letters and hassle by simply following the rules, like thousands of others do each day. But it seems that's too much for some.

 

But now clamping has been outlawed and more and more people know the threats are unenforceable, do you really think companies like Excel will just roll over and fold? Do you think the owners of these car parks which need management - like the Jessops example above - will be happy at the state of things?

[barleycorn 10]

When i visited Jessops hospital at the weekend,(and thats when i saw the clamping signs ), i didnt pay to park seeing as its our good friends at Excel who run the car park .

 

If you want free parking you should really find somewhere to park that doesn't charge. Depriving a business from genuine income simply because you know you can get away with it is pathetic and tantamount to theft in my book. Shame on you.

 

jb

[Cyclone 10]

You will get an answer though it may not be the one you want and expect.

 

Clamping has been banned in Scotland for about ten years. Have you seen the world collapse up there?

 

Was the world in danger of collapse before it was banned?

[Cyclone 10]

As I understand it it only has to be a genuine pre-estimate of the financial lose.

 

 

 

 

So, a calculation based upon the average sum of eveyone who walks through the door would probably pass muster (IMO)... this is of course moot if the car park wasn't full (or perhaps near full) as the business has suffered no demonstrable loss.

 

jb

 

http://www.bermans.co.uk/publications.php?5.articles.view.486

 

Only if they can reasonably prove that they lost a customer through a lack of that parking space being available.