Parking Charge Notices

There have been a couple of letters in the Shuttle about the trials and tribulations of parking charge notices as such I decided (as the paper hasn't bothered) to take some sample photos of different boards around Kidderminster.

[Additional - Just wanted to point out that in the case of the latter two car-parks you are parking on private land with the permission of the land owner provided you abide by the rules set down. Strictly speaking this is a contract and as such is bound by contract laws regarding legability and unfair terms - yes I'm looking at you Excel Parking Services Ltd]

The first from Bromsgrove Street car-park is a council-run affair as can be deduced by the Wyre Forest District Council logo at the top. Notice that they're talking about Penalty Charge Notices rather than Parking Charge Notices. That's because the former are listed under statute and the latter are just invoices from a private company.

Okay charges apply from 8am to 6.30pm which suggests it's free to park before or after these times oh and find a space before buying a ticket. Conditions of Use are nice and clear - a ticket showing date and expiry time must be visible in the vehicle. Note that leaving it on your seat is not an option even if its visible as the next line states that it must be on the windscreen or dashboard. Okay everyone visible and in one of those positions.

Next we get a grammatical/spelling mistake for Blue badge holders "and the display their permit and time clock." Important to note that the holder need only be present at the start or end of the 3 hour time period. So someone can turn up 3 hours early to do some shopping before picking up the holder and they get to park free.

Then we get the interesting point that you can use a ticket bought in this car-park at another car-park provided they have the same fee structure; didn't know that.

Then the list of Penalties. They're all clear except 86 - "Parking beyond the bay markings" what does beyond mean in this context? 91 can also be deemed a little vague "Parking in an area not designated for that class of vehicle" sure that means don't park a car in a motorcycle bay, but on the flip side all the other bays are blank, which means you have to assume that you can park there unless told otherwise. Sounds petty, but I'll return to that point elsewhere.

Okay Blah 50% reduction if paid early (nothing about the timer being stopped if you query it) and the rules being viewable at the offices during hours you're probably at work yourself. Give them a tiny url or something.

Okay second photo is telling me that this is a pay and display car-park. There are a couple of these dotted about and this one is cleverly positioned so you can't read it on the way in only on the way out as it seems are all the others. In fact without rigorous checking I'll assert that it's possible to both enter and leave the car-park with out seeing one of these signs.

Notice that this slightly contradicts the main notice by stating that tickets must be placed on the inside of windscreens and that the need to find a space before purchase only need be done during "busy periods". In caps we get told that "vehicles must be parked in accordance with the current parking order" and that parking order is located where exactly? Is it that other notice? Is it the rules viewable at the council offices?

Okay two from Sainsbury's next a specific one detailing disabled and family spaces. Nice and simple - you can only park in the appropriately marked bays if you are a Blue Badge holder or if you're accompanied by 1 or more children under 12. Note unlike the council car-park you have to be the Blue Badge holder no picking up or dropping off. 50% of fines penalties monies collected will go to charity, note my strikeouts these aren't fines or penalties as they have no legal bearing.

Small print time

Town & City Parking have been appointed to enforce the conditions of parking on this private land. In the event that the conditions of parking are breached Town & City Parking may obtain the name and address of the registered keeper from the DVLA. Town & City Parking is a member of the British Parking Association (BPA) and strictly adheres to the BPA'S [sic] code of practice for parking enforcement on private land and unregulated car parks. Further details of the BPA's Code of Conduct and Code of Practice can be viewed at www.britishparking.co.uk

Meh, just note they can get details out of the DVLA.

Okay main parking notice. Okay for the use of "Sainsbury's Customers Only" fair enough, but what if I buy something from Sainsbury's then nip into town, am I still a Sainsbury's customer or is it Sainsbury's Only Customers? 2 hours maximum stay nice and big. Okay the park is patrolled and if you don't comply with the following you can get a penalty ticket of £50; again note penalty ticket not penalty and not fine. Okay let's look at those actions a little more closely:

You can't stay for over 2 hours, okay fair enough. You can only use Sainsbury's, damn that stops my trip into town. You can't return within 2 hours, no seriously read that again "No return within 2 hrs" now you and I know that's to stop someone using the car-park for 1 hour 55 minutes, driving off it and coming back for another 1 hour 55 minute stay; but by the phrasing if you finished your shopping then realised you'd forgotten something you could be ticketed for returning unless you'd waited 2 hours.

"Park only within marked bays", fair enough. "Disabled badge holders only in disabled bays", ah a little ambiguous here does that mean disabled badge holders aren't allowed to park in bays that aren't designated for disabled use? Again of course we know they mean that only disabled badge holders can park in disabled bays, but remember this is a contract you're accepting so would you accept any form of ambiguity like this if you were buying a house, a car?

"Parent & Child parking only within marked bays", as before ambiguous after all they've already said everyone is only allowed to park within marked bays so as written this is simply stating the same thing. Again we know that they mean that only parents and children can park in bays marked as Parent and Child, but they don't say that except on the other notice.

Sadly I can't even read the small print here except for the Important something Notice - nice small print. Oh and just to confuse matters it states that this is managed by Euro Car Parks Ltd. So have Sainsbury's hired ECP Ltd who have hired TCP, or are they each monitoring half of the car-park?

Onto Crossley Retail Park and compare this notice to the others - that's a lot of dense text there.

We start with an incongruous welcome followed by big bold all capped "2 hours maximum stay" along with a "No Return Within 2 Hours" yeah I've dealt with that ambiguity for Sainsbury's. All caps "No overnight parking" okay fair enough. Then, like Sainsbury's, we get an all capped "failure to comply with the following" they're talking about Parking Charge Notices of £100 dropped to £40 if you succumb early. Moreover you're threatened with recovery charges and court enforcement costs if you don't cough up. Ah yes "Welcome" indeed.

Now remember for the Sainsbury's rules I went through them in a 'if you do this then you get a ticket' type of way? I'm going to try and do the same here - heh.

So first off a big chuck of text all capped yeesh I'll spare you

Normal tariffs apply - please pay at machine(s) Please note that marked disabled bays are for valid disabled badge holders only. A valid disabled badge must be displayed in the front windscreen of the vehicle with all details clearly visible.

Where to start? Okay remember if you don't comply you get a ticket - so if you don't pay at the machine(s) you'll get ticketed - this is a free car-park there are no machines so technically everyone is breaching this rule. Next we're told that specifically marked bays are for disabled badge holders only - fair enough except note from the first line this rule is addressed to everyone so the next line in effect states that everyone has to display a valid badge or get a ticket. Follow that? Yes we know they're only talking about disabled bay parking, but they don't say that. I could also make a deal about which details they want displayed, remember the council car-park just wanted the badge and time-clock displayed.

Okay next "No Lorries or HGV'S." misused apostrophe, but I'm no saint so I'll let it go; I could say that as this is a "failure to comply" you have a double negative there, but I'll be generous and say that failure to comply with the rule stating no Lorries or HGVs is a ticket-able offence

"No Buses/Coaches or Caravans" as before.

Another big block of text:

When parking bays are present park correctly within an authorised marked bay. If marked parking bays are not present, do not park so as to obstruct other vehicles, entrances/exits, pedestrian walkways, doors, emergency exits or emergency vehicle access.

This is a similar ambiguity as penalty 91 for the council car-park - which bays are authorised and which aren't. If a bay isn't marked can I assume I'm authorised to park there? As before if there's nothing to say otherwise I'll bet the law would be on your side. And as with penalty 86 we're told to park "correctly" within such bays - define correctly; if I'm on the line is that wrong, or just if I'm outside it? How far back can I protrude, if at all?

"Lock your vehicle securely. Help reduce crime." Say what? Once again this is "Failure to comply" so failure to lock your vehicle securely (define securely) could get you a ticket as could failing to help reduce crime. No seriously that's exactly what this bit means if you read it as stated.

Gods another chunk of text:

Vehicles and their contents are left entirely at the risk of the owner/driver and no liability can or will be accepted by the land owner, nor Excel Parking Services Ltd, its servants or agents for any loss, damage distress or injury incurred howsoever caused to vehicles or persons other than that attributed to wilful misconduct by any or all of the aforementioned parties.

Seems fair enough at first glance except again this is a failure to comply so if you do try to take the land owner etc. to court over some loss they can give you a ticket because you're not accepting responsibility and that's a failure to comply. Also note the "wilful misconduct" section so if the land owner decides to drive a tank over all the cars that's not covered, but if they accidentally rear-end your car that's all your responsibility; that's what you're agreeing to by parking here.

Another bloody chunk o'text:

The car park is monitored by parking wardens. Parking enforcement in operation. Parking Charge Notice £100.00 discounted to £40.00 if payment is received within 7 days of the notice issue date. Additional costs will be incurred through late payment including any costs incurred through debt recovery and/or court enforcement.

Sigh once again a "failure to comply" so failure to um ensure that a warden is around or that enforcement is in operation can get you ticketed? Also note this is simply a repeat of what they've already told you as part of the failure to comply; so failure to comply with getting a ticket could get you a ticket? Also worth pointing out that additional costs "will" be incurred rather than "might".

Finally "For evidential purposes photographs may be taken of vehicles contravening the car parks terms and conditions" that's the terms and conditions attributed to the car park and thus the car park's terms and conditions - apostrophe people. Once again though this is in the "failure to comply section" so um preventing photographs of your vehicle being taken can result in a ticket?

Okay out of that section we finally get "Entry to or use of this car park is subject to the current terms and conditions of Excel Parking Services Ltd. Motorists utilising this car park hereby accept in full the terms and conditions." Which would be great if they made sense as written, which they don't.

So on the whole the council car-park rules aren't too shabby and the Sainsbury's car-park rules are at least easy to read and simple, but the Excel ones - yeesh I'm betting a competent lawyer could rip it to shreds for how they've presented it.

[Additional - missed this. Remember that the Sainsbury's car-park notice specifically stated that it was for Sainsbury's only customers? Well guess what the Crossely Retail Park doesn't do? That's right Kidderminster now has a free-car-park. Just park there, then head into town. Provided you're not longer than two hours nothing they can do]