How easy is it to legally fine someone?

[stevensfo]

I just read about a mother who breast-fed her baby in a Shell garage service area and received a fine through the post for staying longer than 20 minutes. The case was dropped after intervention from the newspaper, but I'm wondering how a private company manages to do this and how they can legally enforce it.

If I put up warning notices in my front garden, can I fine anyone who spends more than 20 minutes admiring my weeds?

Steve

[DrBunsenHoneydew]

I just read about a mother who breast-fed her baby in a Shell garage service area and received a fine through the post for staying longer than 20 minutes. The case was dropped after intervention from the newspaper, but I'm wondering how a private company manages to do this and how they can legally enforce it.

If I put up warning notices in my front garden, can I fine anyone who spends more than 20 minutes admiring my weeds?

Steve

It'll be the same procedure as a private car park infringement. Private parking companies have no official right to fine you, though they may try to make you think they do. All they're doing is sending you a notice of what they deem to be a breach of contract. A parking charge notice is issued by private companies for breaching parking rules on private land. This can include standard or excess charges for not purchasing a ticket, parking longer than allowed, or fines for parking where not permitted. Though private companies don't have the law on their side to enforce their parking restrictions, they do have the same legal rights as we all have to pursue money we're owed. That means that, if you ignore your parking ticket, they can take you to court.

[UncleEbenezer]

If I put up warning notices in my front garden, can I fine anyone who spends more than 20 minutes admiring my weeds?

Steve

Put up a clear notice stating the charges for entering your front garden. Then you can argue (I've no idea what view a court would take) that someone entering it accepts your terms.

You'd better consider how it affects business. 20 minutes without charge should be ample for the postie and other deliveries.

As for the subject line, calling it a "fine" is surely no more than inaccurate language.

[AF62]

If I put up warning notices in my front garden, can I fine anyone who spends more than 20 minutes admiring my weeds?

Steve

You can do whatever you want, but the issue is identifying the perpetrator to take them to court and then persuading the court you have suffered a loss due to the breach of contract.

For the unpleasant people that run the parking companies (I had some professional dealings with them through my work and I have never come across a more loathsome and untrustworthy group) they are fortunate that the DVLA will sell them the details of the registered keeper of any car, which they then use as a starting point to browbeat the keeper into revealing who the driver was so they can be issued the bill and taken to court if they don't pay. You might have more difficulty identifying the individual concerned.

And also fortunately for the parking companies the courts agreed that there was a loss if someone breached the contract, by for example parking too long, and the parking company bill was a reasonable figure to charge for that loss. You might have more difficulty in persuading the court you suffered a loss by someone standing on your path admiring the lawn.

[stewamax]

And also fortunately for the parking companies the courts agreed that there was a loss if someone breached the contract, by for example parking too long, and the parking company bill was a reasonable figure to charge for that loss.

Given the usurious 'fines' they try to extract, can you give a link to any relevant judgement? The only obvious liquidated damages figure is their loss caused by someone else not being able to park in that space, and they would still have to show that the park was otherwise full.
Perhaps they add their emotional distress, administration costs, ....

In passing, anyone - not just the parking Shylocks - can ask DVLA for details of the registered keeper of any vehicle if they have 'reasonable cause' to ask, and 'parking on private land' is defined as a reasonable cause.

[AF62]

And also fortunately for the parking companies the courts agreed that there was a loss if someone breached the contract, by for example parking too long, and the parking company bill was a reasonable figure to charge for that loss.

Given the usurious 'fines' they try to extract, can you give a link to any relevant judgement? The only obvious liquidated damages figure is their loss caused by someone else not being able to park in that space, and they would still have to show that the park was otherwise full.
Perhaps they add their emotional distress, administration costs, ....

Parking Eye vs Beavis - a discussion on the case here - https://www.lawble.co.uk/parking-eye-vs ... penalties/