Pagnobito Posted October 5, 2008 Share Posted October 5, 2008 Because a stone chip on the windscreen turned into a flippin great crack overnight, so now I have to stump the £60 excess to get it replaced AND my missus got a £40 parking ticket in the post for parking 15 minutes over the 1.5hr limit in a supermarket carpark. I accept the windscreen as the actual glass is much more than £60, does anyone know if it will be a OEM or some other make that they use? (My Lexus had to be OEM because of the wiper heater elements) I can't see anything special about the Z screen. As for the supermarket, flippin cheek, we won't be going to shop there again. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted October 5, 2008 Share Posted October 5, 2008 How can a supermarket enforce a ticket? Quote Link to comment Share on other sites More sharing options...
Kevo Posted October 5, 2008 Share Posted October 5, 2008 Sorry to hear about your day Pagnobito, not nery good stuff by the sounds of it - do the parking man over next time It depends on which windscreen company your insurance goes through, some companies (i know RAC do this) will replace it with a genuine screen, but it has to come from japan, and will cost over £1k (i know this is a lot... but it is what i was quoted) other (local) companies will put in a "non-genuine" one, but thats not to say that it will be a cr*p one. Best thing to do is ask your insurance company/windscreen provider. Quote Link to comment Share on other sites More sharing options...
tmJak Posted October 5, 2008 Share Posted October 5, 2008 How can a supermarket enforce a ticket? +1 i'm surprised they got your address. Surley dvla didn't give it to them. I wouldn't pay that. Quote Link to comment Share on other sites More sharing options...
ZeddZ Posted October 5, 2008 Share Posted October 5, 2008 How can a supermarket enforce a ticket? They can't by law but most people just get the ticket and pay up. Quote Link to comment Share on other sites More sharing options...
Pagnobito Posted October 5, 2008 Author Share Posted October 5, 2008 The ticket was issued through a third party company that use 'parking eye' technology so I guess ANPR. The times of entry and exit are down to the second. Dunno about the address, I suppose they pay DVLA for it, and as for 'they can't by law' can you explain? I should think the carpark is private property and is signed in various places regarding the time limit imposed. It does say in small writing at the bottom, payment is acceptence of terms but longer than that and I can't remember it all as I don't have it to hand. I have told the missus to ring them up and tell them she isn't going to pay it and will no longer be a customer of the supermarket (Aldi) but if it is third party company I am not sure if they will care about that! Quote Link to comment Share on other sites More sharing options...
Digsy Posted October 5, 2008 Share Posted October 5, 2008 How can a supermarket enforce a ticket? +1 i'm surprised they got your address. Surley dvla didn't give it to them. I wouldn't pay that. The DVLA do give it to them for a fee of £2.50 a number. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted October 5, 2008 Share Posted October 5, 2008 The ticket was issued through a third party company that use 'parking eye' technology so I guess ANPR. The times of entry and exit are down to the second. Dunno about the address, I suppose they pay DVLA for it, and as for 'they can't by law' can you explain? I should think the carpark is private property and is signed in various places regarding the time limit imposed. It does say in small writing at the bottom, payment is acceptence of terms but longer than that and I can't remember it all as I don't have it to hand. I have told the missus to ring them up and tell them she isn't going to pay it and will no longer be a customer of the supermarket (Aldi) but if it is third party company I am not sure if they will care about that! Did you pay to park in an Aldi car park? Quote Link to comment Share on other sites More sharing options...
Pagnobito Posted October 5, 2008 Author Share Posted October 5, 2008 There is no payment system for the carpark, nor barriers. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted October 5, 2008 Share Posted October 5, 2008 There is no payment system for the carpark, nor barriers. I must of got confused as you said: payment is acceptance of terms So if you didn't pay, you didn't accept the terms? Also, if you don't pay what are they going to do? Quote Link to comment Share on other sites More sharing options...
Maccaman Posted October 5, 2008 Share Posted October 5, 2008 Sarnie I think its like our local Tesco. You just park but if you stay longer than a set period its all done with cameras. Quote Link to comment Share on other sites More sharing options...
steve3000 Posted October 5, 2008 Share Posted October 5, 2008 Because a stone chip on the windscreen turned into a flippin great crack overnight, so now I have to stump the £60 excess to get it replaced Had my screen done recently, not an original Nissan part, but seriously can't tell the difference! ...unfortunately, however, the Laurel and Hardy act cracked one of the screen's side trim panels when they took the old screen out, and I'm still chasing them for a replacement... Make sure you watch them doing the job! Steve Quote Link to comment Share on other sites More sharing options...
Chesterfield Posted October 6, 2008 Share Posted October 6, 2008 Taken from an article on "This is money" Tickets issued by private companiesPrivate companies can issue tickets to drivers parked on their property, but the rules are not the same as local authorities. If you receive a ticket in a private car park, such as a supermarket car park, or private multi-story car park, remember that it is not criminal law, but contract law that applies. The driver enters into a contract with the landowner when they driver into the car park. This means that it is only the driver that can be subject to a ticket from a private company. If they do not know who the driver was, they cannot claim a penalty. They have no legal right to demand that you identify the driver. If you are approached by a member of staff inside a private car park there is no obligation for you to assist them in any way If the company wish to pursue a claim in the small claims court, they have to prove that you were the driver of the car. Any comments that you make may assist them in this aim, so best to say nothing. If you refuse to pay, the private company has to pursue you through the small claims court. It is up to them to prove a breach of contract so look at the terms carefully. These are usually printed on a sign at the entrance to the car park. Additionally, you may be able to reduce any fine issued by a private company. Under contract law, they can only claim for any loss they have suffered because of your offence. They may try to claim a penalty of, say, £100, but in law they may only be entitled to any revenue they had lost. So, if you pay £2 to park for one hour, but stay for three hours, they can only claim for two hours of lost revenue, which is £4. I would argue that as you didnt pay, then they have suffered no loss. Is there a sign committing you to these terms when you enter? If so, are you able to read it from your vehicle - or by stopping to read it would you cause congestion and a danger to other road users? If you do not wish to be bound by the terms of the car park "agreement" is there a facility to turn round before passing the sign committing you to the agreement? Id be tempted to argue this out of pure malevolence. Quote Link to comment Share on other sites More sharing options...
Pagnobito Posted October 6, 2008 Author Share Posted October 6, 2008 I am not sure what they will do if I don't pay, but from speaking on another list for my 928 I have had a few answers and one had this type of thing and didn't pay it, they just sent increasingly threatening letters. He waited it out and nothing came of it. They say there is photographic evidence of the car entering and exiting, but do not say that it includes indentification of the driver. I am the registered keeper so the letter was sent to me. I have the ticket in front of me now so I can quote some of it. it says photographic evidence shows the vehicle entering the carpark at 09:46:59 and departing at 11:28:17. The maximum time permitted is 1 hour 30 minutes, so by calculation is it demonstrated that the vehicle has remained at the store for longer than permitted. On the specified date, you were the registered owner, keeper or hirer of the vehicle in question. As such you are responsible to ensure that the terms and conditions for parking as set down and clearly displayed in the car park are complied with. Therefore you are required to pay the following excess parking charge within 28 days from this notice. The charge £70 or £40 if paid by 15th Oct. Payment of the parking charge will be taken as acceptance of your breach of the terms and conditions for parking in the named car park and that the information contained herein is entirely accurate. Then details about the numbers if you wish to challenge it. It also says the details of the vehicle have been provided by the DVLA. Over the page it says; if you fail to respond to this notice legal proceedings may be issued against you in the county court/sheriffs court. this may result in; 1 you having to pay more in the end because of court costs 2 a court judgement/decree 3 your possessions being seized I think the last bit is to make you scared. They would have to prove who was driving and loss of revenue wouldn't they? Someone sent me this lifted from piston heads; To whom it may concern [Add their title and address] I am in receipt of your letter dated [insert the date] alleging that a vehicle registered to me overstayed an arbitrary duration in a vehicle park attached to one of your stores. As I am sure you will be aware, it is the driver of the vehicle with whom any contract to park was made, not the Registered Keeper. You will also be aware that the terms of any such contract must be set out in such a manner as to be obvious to anyone with whom you wished to make the contract. These terms must comply with all applicable contract law, such as the Unfair Contract Terms Act 1977. Should you wish to pursue this claim, please supply evidence that the person parking the vehicle you allege to have overstayed the set duration would have had the opportunity to read the contract terms. Such evidence must be, as a minimum: a detailed route and timings of the vehicle's travel into and through the vehicle park; a detailed route of the driver's passage out of the vehicle and into the store - this and the evidence listed immediately above are to show that the driver had reasonable opportunity to see and read the contract terms; photographs of all relevant signage in situ in locus in quo at the time of the alleged overstaying so as to show that the signs were actually readable; an accurately-drawn, scaled, map showing the location of each sign and indicating which you believe the driver would have had the easy opportunity to read (the routes of the vehicle and driver should be superimposed upon the map); details of the weather conditions at the time, in particular the visibility (all to be confirmed by the Meteorological Office); sufficient details of the driver with whom you claim to have made a contract to enable their unique identification; a detailed description of the processes followed to record and analyse the evidence of the alleged overstaying; and a notarised statement from a senior manager at the store to the effect that your recording and analytical systems were working normally at the time of the alleged overstaying. Without the above, I cannot entertain your claim and any further demands for payment will be considered harassment and will be reported to the police with a view to your criminal prosecution under s1 of the Malicious Communications Act 1998, s85 of the Postal Services Act 2000, s127 of the Communications Act 2003, and/or s2 of the Protection from Harrassment Act 1997 - this last with a view to the court issuing a Restraining Order against you. Additionally, civil action will be taken against you personally and your employer to cease and desist and for the recovery of all costs, together with a substantial payment in compensation for the mental pain and suffering caused. I expect your reply by return, either providing the evidence requested above or indicating simply your termination of this correspondence. [then sign it] Some of it seems a bit OTT but I guess will make them do a lot of work or give up? Quote Link to comment Share on other sites More sharing options...
Kevo Posted October 6, 2008 Share Posted October 6, 2008 Get it sent!! Quote Link to comment Share on other sites More sharing options...
Stew Posted October 6, 2008 Share Posted October 6, 2008 Nice. I think those cowboy clampers / ticket givers are illeagal in Scotland (maybe not but I've never seen them) but the letter looks pretty good! Quote Link to comment Share on other sites More sharing options...
Chris`I Posted October 6, 2008 Share Posted October 6, 2008 Nice. I think those cowboy clampers / ticket givers are illeagal in Scotland (maybe not but I've never seen them) but the letter looks pretty good! No I think you are right. I'm sure TG or Fifth Gear said that was the case. I'd get that letter sent and see if they reply. All of it seems reasonable if they want to prove that you (or driver rather) were agreeing to the contract. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted October 6, 2008 Share Posted October 6, 2008 Get that letter sent. If they wanna quote contract law let their (non existent) law department deal with that! The chav in a portacabin who recieves that letter will be boggled by such legal mumbo jumbo Quote Link to comment Share on other sites More sharing options...
stanski Posted October 7, 2008 Share Posted October 7, 2008 ouch sorry to hear about this - my windscreen was replaced (on the Pathfinder) by RAC windscreens - care of the insurance £70! To be fair they did a spot on job and well yes I can tell its a different one - as the tint was a fraction lighter than factory (Only I would notice that!) however I think they are all made at Pilkingtons anyway Only check that they replace that black foam strip at the base of your windscreen and the wipers in the same location on the spindles! As mentioned watch them do it! That black gunge they use ends up on your paint - dont panic it wipes off! Quote Link to comment Share on other sites More sharing options...
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