Can anyone tell me what this means?

System

You have not formed a legally binding contract with ParkingEye,

So does that mean that where the sign says you will pay £xx for overstaying then it is not enforceable because they agree that you have no contract with them?

ManxRed

It means that their sign is perfectly kosher, whereas the OP's letter wasn't.

A bit rich perhaps.

bazster

"Automated commercial premises" seems a strange way to rebut a cancellation under the 2013 regs. Where is the automation? There are potentially much stronger rebuttals for a free car park where the "charge" is dressed up as damages for breach.

Nodding_Donkey

I think they left the r out of cap

spikyone

HO87 wrote: »

To the best of my knowledge the "automated commercial premises" exemption applies to the Distance Selling Regulations. So are they now suggesting that their services are covered by that?

No, it's not PE suggesting that distance selling applies, this is a response to the ridiculous template we have on this forum that mis-uses the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations, where any appellant is claiming that car parking is a distance contract. [CC(ICAC) replaced DSR]

bazster wrote: »

"Automated commercial premises" seems a strange way to rebut a cancellation under the 2013 regs. Where is the automation? There are potentially much stronger rebuttals for a free car park where the "charge" is dressed up as damages for breach.

This is what I've argued for a while. PE are saying "you can't cancel under CC(ICAC) because it's an automated business premises". And for once, they're absolutely right. There doesn't need to be any mechanical or computerised automation; "automated" only requires minimal human intervention. An "automated business premises" is the only thing it can possibly be.

The_Deep

this is a response to the ridiculous template we have on this forum that mis-uses the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations, where any appellant is claiming that car parking is a distance contract. [CC(ICAC) replaced DSR]

I agree, who was responsible for it?

bazster

spikyone wrote: »

This is what I've argued for a while. PE are saying "you can't cancel under CC(ICAC) because it's an automated business premises". And for once, they're absolutely right. There doesn't need to be any mechanical or computerised automation; "automated" only requires minimal human intervention. An "automated business premises" is the only thing it can possibly be.

You have a fertile imagination if you think "automation" means "minimal human intervention". The logical conclusion of your definition is that a box of apples at the side of the road with a cardboard sign and an honesty box constitutes "automated business premises".

What they could have said is that the regs only apply to contracts entailing payment i.e. not to a free car park where the "charge" is dressed up as damages for breach. This is the fundamental flaw with the one-size-fits-all template here (plus that the template is intended to be used as registered keeper, and yet it's as plain as day that only the driver could cancel the contract).

spikyone

bazster wrote: »

You have a fertile imagination if you think "automation" means "minimal human intervention". The logical conclusion of your definition is that a box of apples at the side of the road with a cardboard sign and an honesty box constitutes "automated business premises".

http://www.vocabulary.com/dictionary/automatic


Automatic: "operating with minimal human intervention; independent of external control"


You do not need any machines, or computers, or anything else, for a business premises to be automated. "ABP" simply means a business premises that operates with minimal human intervention. The roadside at which your theoretical box of apples is placed would not qualify as a business premises under the definitions from section 5 of CC(ICAC).

bazster

Wow, genius! I question your definition of "automated" so you come back with a definition for a completely different word!

If you like that particular online dictionary, here's its definition for "automated" (not "automatic"):

"Something that's automated is controlled by a machine rather than a person."

http://www.vocabulary.com/dictionary/automated

spikyone

bazster wrote: »

Wow, genius! I question your definition of "automated" so you come back with a definition for a completely different word!

If you like that particular online dictionary, here's its definition for "automated" (not "automatic"):

"Something that's automated is controlled by a machine rather than a person."

http://www.vocabulary.com/dictionary/automated

"Completely different word"? Is your grasp of language really so bad that you don't realise those words are closely related and have the exact same derivation?

Had you read further you would have seen this:
"Automated comes from the Greek word automatos, meaning “acting of oneself.” Something that is automated can just do what it's meant to do without having a person around to run it. Automated also can be used more figuratively to describe something that seems like it's produced by a machine, like the speeches your principal gives every year on the first day of school."

You could even have scrolled down a little further to "Synonyms", where you would have seen the word "automatic".

Or you could look at Wiktionary:
http://en.wiktionary.org/wiki/automated
The first definition of "automated" is "made automatic".

If you were to be honest Bazster, you might even accept that car parks with ANPR monitoring are automated...