J.D.Wetherspoon carpark (AKA Hatchet) Options

[Newbelly]

Lots more stuff here.

Be careful you do not confuse clamping as a trespass against a vehicle with a trespass of a vehicle on land.

From the link you provide:

If you have committed a very minor "breach of contract" in a privately owned carpark, such as a wheel on a white line or a few minutes overstay and get hit with a ridiculous "penalty" of £80 to £150, it sometimes works to write to the parking enforcement agency enclosing a cheque for £10 "in full and final rreasonable settlement for my minor breach of contract in your carpark.

Cowboy parking companies rely on fear, ignorance or laziness of the driver in order to make money.

Bringing an action under contract is a lot easier than under tort.

[Simon Kirby]

Be careful you do not confuse clamping as a trespass against a vehicle with a trespass of a vehicle on land.

From the link you provide:

If you have committed a very minor "breach of contract" in a privately owned carpark, such as a wheel on a white line or a few minutes overstay and get hit with a ridiculous "penalty" of £80 to £150, it sometimes works to write to the parking enforcement agency enclosing a cheque for £10 "in full and final rreasonable settlement for my minor breach of contract in your carpark.

Cowboy parking companies rely on fear, ignorance or laziness of the driver in order to make money.

Bringing an action under contract is a lot easier than under tort.

Yes, I'd spotted that too. No, the judgment also found that as Vine had mistakenly believed that parking was free that there wasn't a contract and she was in fact just a trespasser.

[Simon Kirby]

That is not true in this example. An appeal was successful because the appeal judge was satisfied that the person parking the car was unaware of the likelihood of being clamped if they parked without paying. If you park knowing that you might be clamped if you don't make the appropriate payment, you in effect agree to the condition.

Yes, none of this applies to the OP - sorry, I'll leave it there.

[Newbelly]

Yes, I'd spotted that too. No, the judgment also found that as Vine had mistakenly believed that parking was free that there wasn't a contract and she was in fact just a trespasser.

We are told that the first thing the OP did was to go and get change to pay for parking as he/she knew payment was required.

[Andy Capp]

Yes, none of this applies to the OP - sorry, I'll leave it there.

I think this is a lot more on topic than other comments on other threads!

[Simon Kirby]

We are told that the first thing the OP did was to go and get change to pay for parking as he/she knew payment was required.

Yes, like I said, this was all a what-if, and not helpful to the OP. Sorry.

[Simon Kirby]

I think this is a lot more on topic than other comments on other threads!

Well maybe it's useful background, but £50 is an unpleasantly high charge and I wish royston the best of luck in getting it waived. I think the best option is to write to Wetherspoons with as much evidence of intention to pay as possible, maybe offering £10 in full and final settlement.

[Andy Capp]

We are told that the first thing the OP did was to go and get change to pay for parking as he/she knew payment was required.

But was not aware of the penalty if he didn't, so Simon's idea is not without merit. Strafin knew he was required to pay to park, but not that he would get a £50.00 wheel-clamp release fee if he took a while to get change.

Well maybe it's useful background, but £50 is an unpleasantly high charge and I wish royston the best of luck in getting it waived. I think the best option is to write to Wetherspoons with as much evidence of intention to pay as possible, maybe offering £10 in full and final settlement.

Like I said earlier, I doubt Wetherspoons have anything to do with the car park operation.

[Newbelly]

But was not aware of the penalty if he didn't, so Simon's idea is not without merit. Strafin knew he was required to pay to park, but not that he would get a £50.00 wheel-clamp release fee if he took a while to get change.

You mean royston? Wheel clamping?

Was not the the penalty on the sign?

[Andy Capp]

You mean royston?

Sorry, yes.

Was not the the penalty on the sign?

I don't know, presumably it was, but I don't think that alters the point.

From the link:

"Although it might reasonably be inferred that a motorist saw and understood the signs as a result of their numbers, size and location it was insufficient that an appellant had simply had the opportunity to see warning signs but that they must also have read and understood them and only then, by doing so, could they consent to the act of clamping if they parked in contravention to the notices.

By extension, it was held, if the fee was exorbitant then consent to its payment could not be implied."


Sadly in royston's case, I doubt £50.00 would be considered 'exorbitant'.

As an aside, most places have CCTV, that could give evidence to support royston, or not.

[JeffG]

Hang on, I'm getting confused here. Are people saying that a private pub car park (the Hatchet) has parking meters?

[Andy Capp]

Hang on, I'm getting confused here. Are people saying that a private pub car park (the Hatchet) has parking meters?

The OP...

Made the biggest mistake on Wed.went as usual to Hatchet for lunch,didnt have enough cash for parking meter so went in as usual to obtain cash but pub was very busy and only one person serving so it took a while to get served .when I got ticket and returned to car in their car park I found a penalty notice in my windscreen demanding £50. The operative must have been sitting in his/her vehicle and when I went into pub issued the ticket. Needless to say its highly improbable that I shall ever visit this pub again whilst they use these cowboy operators.

[JeffG]

Doesn't really answer my question. The OP doesn't say where he parked. It developed later into a discussion about the Hatchet car park. I am really expressing my surprise that a private car park should have parking meters.

[Simon Kirby]

Doesn't really answer my question. The OP doesn't say where he parked. It developed later into a discussion about the Hatchet car park. I am really expressing my surprise that a private car park should have parking meters.

Yes, the Hatchet's web site say it has a pay-and-display car park.

Car parking is available on site, it is a pay and display car park.

See here.

[Andy Capp]

Doesn't really answer my question. The OP doesn't say where he parked. It developed later into a discussion about the Hatchet car park. I am really expressing my surprise that a private car park should have parking meters.

I think it is clear enough.

went as usual to Hatchet for lunch, didnt have enough cash for parking meter so went in as usual to obtain cash but pub was very busy and only one person serving so it took a while to get served .when I got ticket and returned to car in their car park I found a penalty notice in my windscreen demanding £50.

[user23]

Isn't this car park run by NCP?

[Exhausted]

But was not aware of the penalty if he didn't, so Simon's idea is not without merit. Strafin knew he was required to pay to park, but not that he would get a £50.00 wheel-clamp release fee if he took a while to get change.


Like I said earlier, I doubt Wetherspoons have anything to do with the car park operation.

Where did the bit about a clamp come from. I thought the penalty was just a written note stuck on the windscreen.
If it was a private car park, are there signs that clearly identify the terms for using the car park.

I wonder if the OP is using a bit of poetic licence here over the fact that he returned to his car after a reasonable time as it would be unreasonable to not give at least 5 mins grace before slapping on a ticket.
Does the DVLA give away driver/owner details to private companies or individuals these days. If not then trash it, they won't find you.

[Andy Capp]

Where did the bit about a clamp come from.

You are right, I think some of use have started to confuse the story with other events.

[Strafin]

I wonder if the OP is using a bit of poetic licence here over the fact that he returned to his car after a reasonable time as it would be unreasonable to not give at least 5 mins grace before slapping on a ticket.
Does the DVLA give away driver/owner details to private companies or individuals these days. If not then trash it, they won't find you.

I wondered that as well, seems a little suspect, but I would believe Royston over a parking company any day. I believe the DVLA SELL details not give them away.