Supermarket parking fines are not enforcable, claims Leicestershire shopper
Parking tickets issued at supermarkets may not be enforceable, according to a campaigner.
Tesco, in Hamilton, Leicester, and Aldi, in Blaby, have introduced fines to stop people parking in unauthorised areas or using disabled spaces when they do not have a blue badge.
Drivers who break the rules are given a £40 fine.
Some shoppers have argued there was not enough warning of fines coming in and that signs warning of the penalties were badly displayed.
Neil Herron, who campaigns nationally for fairer parking management, said the answer was simple – drivers should not pay up. He said: "These aren't parking tickets, they're just invoices. The big supermarkets say there's a contract between the driver and landowner.
"But if the signs were poorly displayed, the scheme was new, it was dark – or anything like that – a driver wouldn't know they were entering into a contract.
"If they send bailiffs after you, you're under no obligation to pay unless it has been referred to a county court.
"I come across hundreds of cases like this each year and it's very rare they'll take it all the way to county court."
Private security companies often pursue drivers for fines by buying their details from the Driver and Vehicle Licensing Agency (DVLA) for £2.50. More than one million requests for details are granted each year.
In cases involving local authorities, drivers can challenge parking fines through independent appeals body the National Parking Adjudication Service.
But a driver's only redress against private parking contractors is through the courts or by complaining to the Office of Fair Trading.
Tesco would not say how many tickets had been issued in Hamilton.
It said it brought in the fines because customers had wanted the car park to be better policed.
A spokesman declined to comment on the legal status of the tickets, but said: "The point of this is not revenue generation.
"It's about ensuring people park correctly so our customers can park, do their shopping and get home."
Mr Herron said: "Why not clamp drivers who break the rules? Then, if they want it removed, they pay £2.50 in store to have it taken off. They've got to give their details and if they do it again then they could be banned from the store. Fines must be proportionate."
Paul Caulkin, 21, a trainee chef from Scraptoft, said: "Don't park in the wrong places if you don't want a fine. It's simple.
"If a fine can be ignored, most people would jump at the chance, although I don't think it's right."
Carl Rosen, 36, who is unemployed and lives in Rowlatts Hill, said: "Stores should give shoppers a break. There should be some flexibility."
33 Comments
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by akirasan, leicester
Wednesday, February 03 2010, 12:10PM
“Most people are missing the point. It is wrong for the parking companies to charge motorists a lot of money when there is no legal basis.
OK leave disabled bays free but the fines are a scam and if more people refused to pay and had no contact with the companies they would soon go out of business.
Google 'private parking tickets' to find the answers”
by D Cather, Leicester
Monday, February 01 2010, 3:51PM
“I thought there was a Data Protection Act? What gives this government through the DVLA the right to sell our vehicle details for £2.50 in flagrant violation of the law? I'm otherwise in support of responsible parking though see too many "disabled" parkers appearing to be rather able bodied. Begs the question where did they get their blue badges?”
by Dodgite, Braunstone
Monday, February 01 2010, 3:12PM
“Signs should be clear, if they are and people are caught abusing one of these special privileged parking bays then they should not only get a fine but points on their license. This should hopefully deter people!”
by THE LAW, a car park near you
Monday, February 01 2010, 3:09PM
“This week I will damage any car I find parking in bays it shouldn't be parking in.”
by Edward, Leicester
Monday, February 01 2010, 3:01PM
“The idea of the disabled bays and child bays are so that people with wheelchairs and child seats have room to get the wheelchair out or the child without denting the car in the next bay. If they only allowed children in car seats to use the bay, then the number of bays could be reduced. Other than that walking a few yards in addition to the walk around the store, will not hurt anyone.”
by LM, Leicester
Monday, February 01 2010, 2:45PM
“You see I always thought that it was our decision to have kids?? Why should we then get preferential treatment in car parks?? My grandma has a disabled badge but refuses to use it. Her reasoning is that if she's well enough to walk around a supermarket, she's well enough to go a few extra metres to a normal space. I think that's a good argument. If people are genuinely that bad that they can't make the extra distance to the shop, why ae they out in the first place?? I know people will now say that I'm suggesting disabled people shouldn't be allowed to go to shops, but that isn't the case at all. But I would like to hear a genuine explanation as to how people can walk around a supermarket, but not the extra bit to the car!! I accept that people in a wheelchair need extra space, but not everyone with a blue badge is in a wheelchair!!”
by Robert Jamieson, Notts (working in Leicester)
Monday, February 01 2010, 2:35PM
“Well done Tesco - and everyone else who takes action to protect disabled spaces. Until you are disabled you will never fully appreciate the physical pain and time-consuming problems that can be entailed in a simple trip to the shops.
Robert”
by Rebecca, Leicester
Monday, February 01 2010, 2:16PM
“My Dad visited Aldi in Blaby twice in one day after forgetting something on the first trip. However, the "failsafe" parking eye camera did not register his car leaving the car park the first time, making it appear that he had been parked there for hours. He has now been issued with a £60 fine and the company will not listen to reason.
It's absolutely disgusting. Of course we have £60 to just throw away; why do they think we shop at Aldi in the first place!!? :-P
We would of course accept the fine if he had been parked there all day, as that would clearly be taking the mick, but he hadn't! Their stupid system failed.
I know that quite a few loyal customers are now boycotting Aldi so I hope they're happy. It's absolutely outrageous.
As for the other issue being discussed, I do believe that disabled spaces should be enforced. Not sure about the parent-child ones though; the idea does rather seem like yet another manifestation of the mollycoddling attitude in Britain these days, invented by someone in a job with nothing better to do! :-P”
by kc, le4
Monday, February 01 2010, 2:06PM
“bc ghamvala your opinion is about as idiotic as your spelling its DISABLED not disble. Of course certain people should get preferential parking, its hard enough going shopping on my own with a newborn baby as it is without having to struggle to the bottom of the carpark. just so that fat lazy people dont have to walk so far to get their doughnuts”
by Mr Mistry, Leics
Monday, February 01 2010, 1:54PM
“A few weeks back I went to the Tesco Hamilton store with my 6 month old son. In the car park looking for a parent & child space, the driver in front of me, a fat lazy middle aged man with no child in the car, decides to park in the only parent & child space free. When confronted, he replied, "everyone does it". When complained to the Tesco store manager, their response was, "those spaces are out of courtesy, as with the disabled spaces". So I really hope the fines will be enforced and applied to parent & child as well as disabled spaces.”