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Last year I parked in what I was told was a restaurant car park. When I returned to my vehicle I found that I had been issued with a £50 fine from a private car parking company. When I left the vehicle I couldn't see any signs on the enterance or in the car park stating that it was private. I replied (without giving my address) to say I was not prepared to pay the fine as notices were not clearly displayed and I could not be prosecuted tor trespass. DVLC provided the company with my name and address and I have been contacted again, this time for £110 and a threat to take me to County Court if I don't pay. I have been told by a solicitor that I cannot be prosecuted as the only offence I have committed is trespass. However, the legal department of a motoring organisation have told me that this comes under contract law and the parking company may have a case against me. Does anyone have any experience of this and any advice for defending the claim?
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From distant memory of fighting with NCP...
Go back to the carpark and photograph it. Find the signs, photograph them. Consider genuinely whether or not they are visible and sufficiently conspicuous.
If not, go to court with your photographs and argue.
This is a contract, and arguably by parking there you have accepted the terms of the contract. However, unless you parked with the intention of not paying, it is not a criminal offence, it is a civil offence.
If there is anything iffy about the posting of the signs, then they will probably lose.
Witnesses would help.
Trespass, under most circumstances, is not a criminal offence without resultant or intended or planned damage.
You are not, and will not be, prosecuted in a civil court. That would be in a criminal court as a result of a criminal offence. You can, however, be sued for the debt. To collect that debt they will have to prove the contract existed. To do that, they will have to prove that the signs were visible. The fact that you didn`t see them is not sufficient, you would have to show that it was not likely or reasonable that you would see them.
Those are my thoughts, there are others here who may also have comments...
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I am surprised that the
I thought that only the police could get that information. Perhaps the legal beagles may know the answer to that.
C
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The Police National Computer is linked to the DVLA database.
If I disclosed information from the PNC I'd be looking for another job.
It would seem that anyone with a half lame excuse can get details from DVLA ,without really validating the request, FOR A FEE!!!!
Not to hot on Data Protection perhaps someone else can give some input on this.
Andrew
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The DVLA will provide the name and address of the registered keeper of a vehicle to any individual who they consider has a legitimate reason for requesting it. Quiet what they consider the boundarys within which a third person has the right to that information I don't know, but given the reputation of many car park security firms, such as clampers, it doesn't make you feel that they are very secure with your details.
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Helen
The prominent display of warning notices is crucial as to whether they have a case against you. In a recent High Court case a motorist won against a county council because prominent warning notices were not displayed.
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