PCN from LJL AIRPORT by VCS

1stimer

You do make me laugh...but arn't appeals and letters to dvla bpa what u want also!!! After all the effort and help on these 5 pages of threads u have got to go for it surely,on principal and moral ground... irrelevant of outcome!

Ps. What are the terms of your virtual bet

enfield_freddy

yes go for it , the dvla will fob you off saying its not there job , its down to the IPA , bpa will say get lost , not one of ours , and do you think you will get an answer from the cow shed lot , NO


I struggle to think of a way to bring this lot down , apart from to embarrass them in court , but they won,t go there ,, so you win , after loosing 20 yrs worth of hair ,

esmerobbo

1stimer wrote: »

Esmerobbo...u didn't by any chance clock the lighting around the signs did you only it was late and dark too. Not sure if lighting holds any additional weight along with font size etc

None of the signs are actually illuminated, they are not reflective, however the lighting is pretty bright. Not so much from the road lighting but from the backwash of the floodlights in the car parks.

The_Slithy_Tove

nigelbb wrote: »

Only the large sign (presumably at the entrance) with the yellow graphic "PCN £100" could be construed as offering a contract & it's that one that has the T&Cs & that's the fonts that need to be measured.

I disagree. There is nothing on that sign which could possibly be construed as offering a contract to do anything. It's not even saying there's a charge for breach of spurious conditions. All it does is tell you what you're not meant to do. Then there's something about a parking charge, but it's completely separate, with no reference to how, why or when one may be issued. It's basically a bunch of (unreadable) disjointed words on a sign

hoohoo

The_Slithy_Tove wrote: »

I disagree. There is nothing on that sign which could possibly be construed as offering a contract to do anything. It's not even saying there's a charge for breach of spurious conditions. All it does is tell you what you're not meant to do. Then there's something about a parking charge, but it's completely separate, with no reference to how, why or when one may be issued. It's basically a bunch of (unreadable) disjointed words on a sign

Slithy, I have to disagree with you.

The IAS, who use actual barristers, have put their collective legal minds together, and ruled that it is obvious a contract is in place.

I believe the signs are capable of providing sufficient notice that by stopping the driver is entering a contract and agreeing, as a contractual term, to pay the charge. The signs make clear that the Operator does not want drivers to stop and that if they do so they agree to pay the charge. It does not automatically follow that no one would agree to such a term. The Appellant did, as do others, by stopping

Oh wait, they're using baristas, not barristers. Sorry, I take it all back.

nigelbb

Aside from the business of font sizes & missing business address etc which are issues that VCS could fix the elephant in the room is that just as in a free car park there can be no offer of a contract from a 3rd party when there is an implied license from the landowner. How else are passengers to reach the terminal building other than along that road? It's nonsense to suggest that the driver enters into a contract to stop on that road for the bargain price of £100. To reach the terminal they must use that road & any use is governed by the licence just as it would be a nonsense to suggest that the passenger enters into a contract to pee when they use the toilet facilities in the terminal building. In both cases the landowner offers a licence to use the facility & no 3rd parties are involved however much they paid for their fishing licence or however large a backhander they give to Peel Holdings for each victim.

Redx

this recent IAS win for humberside could be easily adapted and used for JLA or RHA airports, never mind luton and birmingham

http://forums.moneysavingexpert.com/showthread.php?p=67924424#post67924424

Coupon-mad

Yep use/adapt that one linked by Redx and don't cut out the references to law. Make sure you attached copies of all evidence - links to case law, links to the IPC CoP with direct quotes, a copy of the photos and NTK (both sides) pics of the signage wording and your 'appeal' attached as a PDF because you can't copy & paste it into the IAS appeal box, it's doesn't let you.

DO NOT hit submit until you have loaded all evidence on the right of the page, everything. You cannot add more later!