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ParkingEye-v-Beavis Appeal: Date Set

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Comments

  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    spikyone wrote: »
    So, it's OK for you to provide your unsupported opinion but not OK for others to question it?
    So its ok for you to expect everyone to take your unsupported opinion as gospel while you pull apart other peoples sources? Works both ways doesn't it!

    This is obviously far more important to you than it is to me ;)
  • TDA
    TDA Posts: 268 Forumite
    lovinituk wrote: »
    So its ok for you to expect everyone to take your unsupported opinion as gospel while you pull apart other peoples sources? Works both ways doesn't it!

    This is obviously far more important to you than it is to me ;)

    Since when was Parking Prankster a more reliable source than the governments own guidance on the legislation...
  • spikyone
    spikyone Posts: 456 Forumite
    Part of the Furniture Combo Breaker
    menantoll wrote: »
    That isn't exactly what he said though is it?

    Holy heck, do I need to quote him word-for-word? Your first post - ever - was to ask "who said anything about cancelling contracts". The answer is Bazster. That's what has sparked this debate; Bazster (and others) believe cancelling a contract can get you of a parking charge, I (and others) believe this is a mis-use of regulations intended for something entirely different. Look back through the thread - I offered an opinion and Bazster told me I couldn't read, simply because it's different to his opinion...

    lovinituk wrote: »
    So its ok for you to expect everyone to take your unsupported opinion as gospel while you pull apart other peoples sources? Works both ways doesn't it!


    What sources do you have? I've quoted government guidance and the impact assessment on the CC(ICAC) regs. And I'm not the one who'd have to persuade a judge that my interpretation is correct...
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Actually - and I plead guilty as well - this has f**k all to do with the Beavis case IMO. (Which was the purpose of the thread in the first place)
  • spikyone wrote: »
    Holy heck, do I need to quote him word-for-word?


    You don't need to because if you look carefully at my post. I already did.

    spikyone wrote: »
    Your first post - ever - was to ask "who said anything about cancelling contracts".
    Been lurking for about 2 years now. Well done on being the one that compels me to actually sign up and post what I thought was a helpful hint to you.

    spikyone wrote: »
    The answer is Bazster.


    No he didn't. He quoted The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 but he didn't say anything about cancelling a contract.

    spikyone wrote: »
    That's what has sparked this debate; Bazster (and others) believe cancelling a contract can get you of a parking charge, I (and others) believe this is a mis-use of regulations intended for something entirely different. Look back through the thread - I offered an opinion and Bazster told me I couldn't read, simply because it's different to his opinion...


    Now I'm no expert but maybe the regulations are not ONLY about cancelling? It's only one of the 3 words in the brackets for a start.
  • I can see some would be disappointed if some obscure EU regulation sticks the sword in the dragon as opposed to the fruitless battle that has been fought for near on ten years.
    Personally, I shall wait and see what blows in on the wind from this Scottish criminal court case based on the EU Blurb.
    My mind is open, if some European crusader waltzes up and sleighs this dragon whilst we lick wounds then it let it be so.
    Drink to its death, that I can do.
    st-george-dragon1.jpg
    I do Contracts, all day every day.
  • TDA
    TDA Posts: 268 Forumite
    menantoll wrote: »
    You don't need to because if you look carefully at my post. I already did.



    Been lurking for about 2 years now. Well done on being the one that compels me to actually sign up and post what I thought was a helpful hint to you.





    No he didn't. He quoted The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 but he didn't say anything about cancelling a contract.





    Now I'm no expert but maybe the regulations are not ONLY about cancelling? It's only one of the 3 words in the brackets for a start.

    The applicable additional information requirements in Sch 1 would be easily incorporated into new contractual charge based signage should the companies go down that route.

    Seems pretty clear from the definition of business premises in the act that a car park would fall under that definition and, consequently, would be an on-premises contract.

    Given the nature of paying to park it is further entirely possible that the information requirements wouldn't apply in the first place because it would be classed as a day-to-day transaction.
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    1,000 Posts Combo Breaker
    TDA wrote: »
    Since when was Parking Prankster a more reliable source than the governments own guidance on the legislation...
    Of course he his! Now we've cleared that up.... :rotfl:
  • £100 for 5 mins parking (being 5 mins over free period) is a day to day transaction?

    Also surely to be considered a day to day transaction then a means of paying at point of use would be needed?
  • I would say the experts are the procurator fiscal, they appear to believe they are breaking the EU legislation.
    We shall see if the Scottish Judges agree.
    Either way, it is an important twist to the tale.
    I do Contracts, all day every day.
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