"Northwest Parking Enforcement Ltd" Carlisle

bazster

http://www.northwestparkingenforcementcarlisle.co.uk/signage

Fabulous sign, it appears to state that permit holders must be in the windscreen of their vehicle and clearly showing the date (tattooed on their forehead perhaps?)

I'd love for a bunch of people to get together and take these "contractual charge" jokers at their word by simultaneously parking their cars in the entrances, exits and aisles of a car park and completely clogging up the place. "But your signs say we can park where we like so long as we pay £60. Where's the ticket machine?"

The_Deep

The charge is the liability of the driver ...

Seems clear enough to me

Payments made by ... debit card will incur a charge of £2.50 ...

Illegal

http://www.moneysavingexpert.com/news/cards/2013/04/credit-and-debit-card-fee-clampdown-begins

Report to trade association and Trading Standards Department.

Also, the ticket makes no mention of v.a.t..

https://forums.moneysavingexpert.com/discussion/5033796=

I cannot see you having to pay this.

Edna_Basher

bazster wrote: »

Fabulous sign, it appears to state that permit holders must be in the windscreen of their vehicle and clearly showing the date (tattooed on their forehead perhaps?)

Yes, that bit made me chuckle too. I'm sure Judge Ainsworth (Parking Eye v Lemon & Harris) would have some real fun with this sign.

However, this does put North West Parking Enforcement in a bit of a quandary. It would seem that they are now stuck with these signs because, according to their wording it is a criminal offence to remove them.:)

I really hope these are the signs that they've used in the Carlisle car park.

Guys_Dad

Ok, please read Schedule 5 from the IPC Code of Practice

http://forums.moneysavingexpert.com/newreply.php?do=newreply&noquote=1&p=66220645


Not all IPC PPCs use the contractual model and even the IPC confirms this, so no one-size-fits-all for IPC cases, I am afraid.


This clearly puts clear water between the contractual model which kills GPEOL and the damages/trespass model which, in the IPC's own words, say that the charge must be based on GPEOL and is open to a POPLA-style argument.

The OP needs to ascertain which model the charges are being levied and ask the PPC that before going further, please inform.

In my view, the signage in pictures on this thread attempts to do the former but marginally fails, but I am no lawyer.

Guys_Dad

OP - please check your private messages.

Northlakes

image hosting

Edna_Basher

Excellent – thanks Northlakes

I think the statement on the sign that “parking shall be for no longer than the period for which the ticket or permit is valid” is the killer blow to any claim that the driver is entering into a contractual agreement should they overstay their welcome. Given that the sign clearly indicates the parking over time is not permitted, any driver that does so can only be either a) trespassing or b) in breach of contract.

Also, the sign suggests that payment of a one-off £6 fee may entitle the driver to leave their car in the car park in perpetuity.:)

I suppose that once this new “enforcement” beds in, there’ll be fewer kids in Carlisle saying that their mums have gone to Iceland.

Edna_Basher

Also just spotted the statement on the sign that "the above regulations operate on a 24 hour basis".

Giving the false impression that they have statutory authority to set regulations....naughty, naughty.

Dee140157

The entrance signs are clearly not compliant as you would have to turn your head to a 90 degree angle to see them. The one on the wall with the huge amount of. Writing is clearly below driver visibility and again at a 90 degree angle. I don't think I could even read if I walked past it without stooping down, which at times is difficult!

Nothing on the big parking entrance sign to say terms and conditions apply, only the small unreadable one underneath which you could not read when entering!

I would agree that the signs do not appear to be based on the contractual fee model, so a breach of the terms should result in a GPEOL or damages.

Northlakes

I presume the driver did buy a ticket or pay the attendent?


A London driver would be extremely grateful to only pay £1.70 for 2 hours parking but like most on this forum one doesn't expect to pay a £100 penalty charge.


There are also images of the Iceland store signage which may have confused you.


Read the papers! Private car parks are dangerous territory for any motorist and as you are a company car driver doing lots of miles you need to wise up. Also the yellow camera vans on the M6 don't take any excuses either!