Fine in Private Car Park?

Corruptable

Today I saw a private parking attendant issue a ticket (which I assume was a fine) and place it upon a car which was parked in a disabled only parking space, marked with the internationally recognised "wheel chair" markings, in the underground multi-story car park of a private shopping centre.

There are no barriers or metering system in place at this car park, and only one notice of the terms and conditions posted at only one pedestrian entrance door to the shopping complex (despite their being several other doors on each car parking level).

In general, how enforceable are fines issued by private parking wardens in what is essentially a public place (as defined under the RTA 1961) in these circumstances?


From a search of the forums, I see the issue was briefly raised here (in this thread) before in general terms, however it didn't address the issue comprehensively in my view. Also, I do not condone parking in a wheel chair/disabled parking space on either public or private property, but I am curious as to where these fines derive their authority or effect from (e.g.: where's the damage in terms of a civil case?)

MagicSean

A fine cannot be issued by a private company unless authorised to do so by the local council. AFAIK the offence must be on council property and covered under the bylaws.

Corruptable

MagicSean wrote: »

A fine cannot be issued by a private company unless authorised to do so by the local council. AFAIK the offence must be on council property and covered under the bylaws.

This person was definitely not a Council Traffic Warden, of which there are two whom I know and are readily identifiable in uniform.

He had one of those handheld PDA-style ticket machines and printed off a yellow coloured ticket (like a shop till receipt) which he placed under the wiper of the car in question.

The car park acknowledges that parking there is free, but obviously they do want people to put up their disabled parking badge when using the disabled spaces.

In terms of resorting to the courts, how would they go about recovering any fine (if this was a fine)?

Our man in Havana

They would need to find out the owners details. Impossible for a private company to do unless they use others to break the law.

People pay these speculative invoices without quibble. It is a huge growth industry. People pay up because they think they are official notices etc.

Corruptable

Our man in Havana wrote: »

They would need to find out the owners details. Impossible for a private company to do unless they use others to break the law.

People pay these speculative invoices without quibble. It is a huge growth industry. People pay up because they think they are official notices etc.

So it's not legally enforceable, but because it seems official, the person will in all likelihood pay the "fine" for a quiet life or because they are unaware that they don't necessarily have to?

Seems very sneaky to me.

Kevin3

Are you sure he wasn't about to put a clamp on it as well?

Corruptable

Kevin3 wrote: »

Are you sure he wasn't about to put a clamp on it as well?

I was sitting there for 20 minutes afterward and he didn't return to that car, but continued his walk around the car park inspecting other cars.

If it was clamping he'd have no right to do that either, according to Dermot Sheehan's article in the Law Society Gazette and the 2007 decision at Waterford District Court (re: criminal damage of a clamp).

So I don't believe clamping is at issue in this thread.

Kevin3

Corruptable wrote: »

I was sitting there for 20 minutes afterward and he didn't return to that car, but continued his walk around the car park inspecting other cars.

If it was clamping he'd have no right to do that either, according to Dermot Sheehan's article in the Law Society Gazette and the 2007 decision at Waterford District Court (re: criminal damage of a clamp).

So I don't believe clamping is at issue in this thread.

District court cases hold no legal precedent.

The article only goes on to say that clamping on private property is a grey area. (http://www.lawsociety.ie/Documents/Gazette/Gazette%202011/March2011.pdf)

The whole thing needs clear regulation and legislation.

Our man in Havana

http://forums.pepipoo.com/index.php?showforum=60
Read all about private parking invoices there.

Corruptable

Our man in Havana wrote: »

http://forums.pepipoo.com/index.php?showforum=60
Read all about private parking invoices there.

So practically, you can tell them to go and get stuffed?

Our man in Havana

Yes.

They will never be a big problem in Ireland unless they start selling owner details to these people.

Marcusm

On a more positive note, even if they do not seek recovery, hopefully, it will give the car driver pause for thought before occupying a disabled spot in future. Perhaps it is the intention of the car park management to use it as a means to discourage such activity. It might also be used as a precursor to a notice recluding the car from being parked in the area at all. Dundrum Town Centre amongst others woud benefit from tester "enforcement" of these spaces. It is typical that planning consents require the allocation of disabled spaces but not their enforcement.