Attention: future problems

trisontana

On a similar note, I must post some quotations from a discussion over at PePiPoo concerning a sign spotted in a Tesco car park. This sign reads:-


"The following conditions apply: 3 hours free parking. You agree to pay a £70 Parking Charge when you allow your vehicle to remain in this car park for more than 3 hours at any one time"

These are some of the points made:-

(1) The problem with this sign is who is "you"?

(2)What is the contractual offer? That you can park for 3 hours in exchange for £70? No, because it does not suggest such an offer. It suggests that you are not permitted to park after 3 hours. After 3 hours you are in effect a trespasser. What are the financial cost implications from parking more than 3 hours in a free car park? Probably zero.

The only contractual offer is 3 hours of trespass free parking. The £70 for breaching this an unenforceable penalty clause.


(3) They have clearly indicated that the purpose of the £70 'charge' is to free up parking spaces (even though that is untrue), which means that it is a penalty intended to dissuade drivers from parking for more than 3 hours. The fact that it is a fixed sum, rather than a rate per hour, etc., and that there is no onsite payment method (P&D tickets, or pay at barrier to exit), further indicate that this is a penalty charge.

Also the size of the charge makes it a penalty.

RENEGADE_2

No, after three hours you begin your next three hours. Time limits are void unless they specify the period of "no return"; unless it is to be suggested that no vehicle ever go back, you can drive out and back again as some do to escape ANPR traps. ANPR is not enforceable anyhow and this £70 for overstaying 3 hrs has Tesco written all over it!

YOU TOLD US YOU COULD NOT ALWAYS FIND A PLACE TO PARK. TO ENSURE YOU CAN, WE ARE RESTRICTING YOU TO THREE HOURS.

Rubbish! I never told you anything!! But if I am one who made a complaint, the hint was "expand your carpark you thick lemons!!!!"