With so many private car parks operating AVPR systems there is no opportunity for the motorists to question , query, challenge or amend the terms and conditions imposed upon them. This form of automated contracting enables these mercenary companies the to exploit their unfettered bargaining power to the full. The severe bargaining inequality that currently exists has of course been relentlessly abused , so much so the whole situation has become increasingly inconscionable. Motorists have been screwed in their tens of thousand again and again.
In the USA these imposed agreements are known as Contracts of Adhesion. Motorists are stuck with them. They must accept their terms and conditions if they wish to park there. With street parking spaces not available as an option , motorists have no choice but to park in the one and only site available. In such circumstances the weaker party finds him /herself with Hobson's choice , which is having no choice at all. So how do the private parking companies go about abusing their extreme bargaining power to such unforgiving extremes ?
- dressing up the PCNs to look like proper fines ( suggesting criminal liability )
- never coming clean about the fact that a PCN is either a speculative invoice and/or claim for liquuidated damages
- parking charges are never about recovery of actual losses cause by alleged breaches; they are purely penal and punitive in nature designed to earn the these money grabbing companies vast profits
- every dirty trick imaginable is repeatedly put into practice to snare and entrap unsuspecting motorists into making mistakes , by which breach of contract is then alleged
- PCNs are issued even though the alleged/technical breach causes no actual loss whatsoever to the company
- no matter how serious or petty the alleged breach is , the same excessively high fixed sum parking charge is applied
- in cases where a there is 5 minute overstay as opposed to a 5 hour overstay the parking charge does not reflect the fact that one motorist is far less guilty than the other
- even when motorists are faced with the this take-it-or-leave-it choice , only to choose the latter , they will still receive a PCN having entered and left the car park without paying any tariff
- parking companies know full well that the motorist hasn't the will or the financial muscle to challenge an illegal PCN in court , and so it is easy for them to bully the motorist into paying up
- even when County Court judgements go in favour of motorists these evil companies will still continue to issue the same kind of PCNs , knowing that these court decisions do not set binding precedents
- no excuses or mitigating circumstances are accepted , even when the motorist has a genuine , honest and innocent reason for his/her transgression
- cancellation of a PCN is an absolute no-no
- appeals can only be made to non-independant bodies , who are closely associated with or in cahoots with the private parking companies
- difficult questions and/or requests for further information by motorists contesting PCNs have and always will be be completely ignored
Moreover , it is totally wrong for motorists to have to wait for... and fight for..... justice in the courts. Private parking companies should from the outset treat customers with goodwill, consideration and respect. But hey....that would be like asking the Devil Incarnate to adopt Christian and altruistic values. Fat bloody chance !
So welcome to the hellish and nightmarish world of private parking companies.