Ask The Scotsman: Caution needed when using private car parks

Published on Sunday 9 March 2008 21:13

Q: LIDL promised to end its association with Central Ticketing – employed to fine customers £85 if they stayed more than two hours in the supermarket’s car parks – after a news story about the policy appeared in The Scotsman.

Now it seems Lidl is attempting to reintroduce its parking fine regime.

My mother-in-law, who is 86, failed to notice a sign in the Lidl car park in Leith warning that, if she was parked for more than 90 minutes, she would face a fine of 70. This would be reduced to 45 if she paid within 14 days. If it is not paid within 28 days, there is a 40 administration fee added, bringing the total to 115.

The sign on the way into the car park is about A4 size, white on a white wall. My mother-in-law goes to Lidl in Leith every Friday and had no reason to expect the parking process to have changed between her visits.

The agent issuing and collecting the fines is TPS Parking Solutions Ltd.

Ken Greig, Edinburgh

A: The parking charge notice you have sent also says TPS Parking Solutions reserves the right to take further action to recover this debt – with interest – if the fine is not paid.

A spokesman for Lidl explained that the car park in question, at the back of the store in Leith, is run by the Kirkgate Shopping Centre and not by Lidl. However, the parking charge notice describes the site as the “Lidl Store Car Park”, so it seems your mother-in-law was not the only one confused by the distinction!

The chain’s spokesman said: “The situation at the store in Leith is different to that in larger or less central stores because of the exceptionally high demand for parking spaces. Contrary to what is suggested, some other major stores in Edinburgh also enforce time limits at their car parks to prevent abuse.

“The rule is there to ensure that, when our customers want to use the car park, there is a reasonable chance of getting a space. That wouldn’t happen if anyone was allowed to park there all day.

“If a customer has taken longer to do their shopping in Lidl, we are happy to intervene on their behalf to ensure the parking charge notice is cancelled if they let us know at the time.”

He added: “There are lots and lots of signs making it clear there is a time limit.”

Because most supermarket car parks are on private land, the terms for parking are subject to any agreement between you and the operator of the car park. The enforceability of any such charge will depend on the extent to which the charges were clearly set out and displayed at the car park.

There is a voluntary code of practice for private car parking enforcement which you can read online at: www.ukmotorists.com/Voluntary%20Code%20of%20-Practice.htm.

The DVLA does release owner details to car parking companies to enforce charges. And if the company sells the debt to a third party (which it can do), the information will usually be passed on.

Lidl does not want to lose customers, so anyone who goes over the time limit is advised to tell the staff at the store straight away for a sympathetic resolution.