Private parking companies rely upon contract law to enforce their claims. This fails in a number of respects:
1. A contract can only be entered into once the full terms have been agreed by both parties. Most signs are on the land upon which parking takes place therefore, the entry onto the land has already taken place before the sign is seen. In order to read the signs, it is likely that the vehicle must be parked and the driver approach the sign to read the 'small print.' That will say something like 'don't park unless you agree to the contract.'.....Too late, you've already parked without being made aware of the terms of the contract.
2. Under contract law, damages can only be claimed for actual losses. In the case of parking on land, the losses are nil, therefore damages will be assessed at nil. If it's pay and display, damages could be, say, £1.50 ph; Not the £50-£150 often claimed in parking 'fines.'
3. 'Fines' can only be issued by those authorised by statute, ie, police, LAs, government bodies, etc. For a PPC to call it a 'fine' is fraud.
4. The contract, if any exists, is made with the driver. There is no provision in law for the registered keeper to disclose who was driving the vehicle at the time.
As suggested above, any notices are unenforceable and should be ignored. McDonalds can go swivel. I'm still trying desperately to get my ticket so I can have some fun. See
http://forums.pepipoo.com/index.php?showforum=30 for more information.
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