A contract issue - supermarket carpark

[Hgrove]

My local supermarket has put up a notice in the carpark that says that if you stay longer than 2 hrs you have to pay �25; ditto if you lose the ticket you get at the barrier.  By comparison, you pay �1 for 1 hr and �2 for 2 hrs, and these charges are waived if you spend at least �10.  My friends say there is nothing you can do because when you drive into the carpark you enter into a contract with them but I have my doubts.  Firstly because �25 sounds like a punitive clause, secondly because it seems like an unfair contract term in a consumer contract.  I'd like to write to the Head Office and tell them and would be grateful for any information before I do so.

[andy hughes]

These signs are increasingly common, as more supermarkets pass the running of their carparks to privsate firms. The idea is to discourage office workers from parking all day, thus depriving customers of spaces. If you are using the car park for its purpose - shopping in the tore - you will have no problems.

[Fat Boy]

go ahead & write if you like but they'll tell you the same as ansteyg.  if you're unhappy about the deal I can only assume you are one of those people that fill up the parking spaces intended for legitimate customers.  Either that or you keep losing your ticket or take a very long time to do your shopping while managing to spend less than �10. good luck with the letter.

[Miss Zippy]

Yes you do enter into a contract when you cross the barrier of a car park (Thornton v. Shoe Lane Parking set this precedent) but the terms you mention would not be deemed to be �unfair� under the Unfair Contract Terms Act.  They are designed to prevent abuse of the car park for the benefit of legitimate supermarket customers.  The �25 you mention is merely a fine for abusing the car park�s terms and can hardly be seen to be punitive in the circumstances

[Hgrove]

May I clarify that I do not fill up the car park - I have no need to.  I live a few minutes' walk away from the station and do not need to park in there to catch a train.  I only park in there in order to shop there, I always take much less than two hours and always spend considerably more than �10.  However I do, occasionally, lose my ticket.  The issue for me is one of principle, I find this term harsh and unfair.  After all, a legitimate customer could lose a ticket (like I did this morning).  (N.B. They found my ticket and did not attempt to charge me anything).  Miss Zippy I read your message with interest.  As a layperson I thought, however, that a fine is "punitive" by definition.  Presumably this is not so?  Another clarification, when I typed "I have my doubts" of course I referred to the statement that "nothing can be done".  I am aware that I enter into a contract when I drive into the carpark.  Thank you for the messages.

[Pinotage]

I worry about this also, sometimes I go to supermarkets get particular ingredients for a recipe, or some wine thats been advertised and its not in stock so I depart without buying anything.

 

Its not happened in a store with a manned barrier so far, but if it did I'd ask to see the store manager, explain what happened and I'm sure he'd stamp the parking ticket. If I'd lost the ticket yet had a bag with �10+ good in it, I'd also see the manager, rather than argue with some poor cold bloke in a gatehouse.

[Hgrove]

Picture this:  you have just spent �100-150 in a supermarket (Xmas shopping for your family) and you lose your ticket.  Would you say it's fair to pay them another �25?  I would not.  A little corollary to my last message:  later that day I noticed that some grapes I had bought in the morning had mould on them.  In the end I did not have time to take them back but think of the scenarios:  (1) pay �1 to go into the carpark in order to exchange mouldy grapes they sold you in the morning (pack price �2.99). (2) Ask to see manager, explain about mouldy grapes and ask for your ticket to be stamped, even though you are not spending �10, and hear the reply, well well well, technically we should not but as you are bringing back mouldy grapes we will make an exception.  Once again thank you all for the replies.