Motorway Services overstay by 30 mins

doublinedancer

Hello MSEers

I have a PE ANPR ticket in Welcome Break Services. I have challenged on the grounds that this was a truck and the driver ran out of hours so the vehicle was picked up and driven back by a second recovery driver. The overstay was 30 minutes.
Principal grounds were:
GPOL
No Contract
Lack of standing/authority from landowner
Unreasonable/Unfair terms
ANPR has questionable legality/reliability in data capture and storage.
Insufficient signing.

The response to the above was that we have failed to provide sufficient evidence to show that the terms and conditions stipulated on the signs were not broken. Then the usual they are fully compliant with the BPA "regulations" on signage etc. The letter then provides a list of FAQ's which paragraphs each of the headings in the templated challenges that are available from forums.

There is almost a full page devoted to Beavis and quotations selected from the transcript.

Can anyone advise if these FAQ's have been picked apart by experts and what is the latest advice re Beavis given that it is by no means definitive given the SC appeal.

This is only the second time of posting (the first to donate to the Barry Beavis Fund) but i have been a regular and most interested observer.

Plan to appeal to POPLA (have code) on the legality of the ANPR equipment and emphasise too that it is dificult for the recovery driver be aware how long the first driver has parked for.

Thanks for any help that you can give.

enfield_freddy

umm , one driver in , one driver out ?


how can the time paked be 2hr 30 mins , each driver only parked for 1 hr 15 mins

System

"Frustration of contract". You were not parked. You were prevented from moving the truck by running out of hours.

They cannot expect you to break a statute simply to meet their profit expectation.

The_Deep

This has NOTHING to do with Beavis. Beavis overstayed in a free car park where there was no provision to purchase extra time. He was adjudged to have used valuable parking space thus depriving retail outlets of custom from others wishing to park. The COA found that the charge was commercially justified

In a MSA you can stay as long as you like as long as you pay for it, you have as much right to park there as anyone else. The charge of £10-£12 for a 24 hour period is not intended to be a deterrent, just a good old Rip off Britain revenue raising bash the motorist scam, I know of no other country which makes such a charge.

Their four page Q&A tome is well known to us, I van recall if anyone has dissected it, however it is thought that it is designed to intimidate. But, who was the driver, the one who parked, or the one who drove it away?

enfield_freddy

But, who was the driver, the one who parked, or the one who drove it away?


an interesting question for Rowena to work out

System

"Contract" is formed by the person who parked and has nothing to do with the relief driver.

Keeper liability is odd enough without throwing in more random people to the mix.

enfield_freddy

so the only way of ending the contract is for the original driver to pass thru the exit ANPR camera


if a couple park up in a car at a services and leave in one hour , but change places in the car , the contract accepted by the driver on entry never ceases?


let a judge work this one out ,

doublinedancer

Thanks everyone for the input.
It's a hard one to disect because i can't name the driver, I don't know who would be the culprit if any and it would be unfair on one one or both.

Emanresu: Thanks a lot for the reply. Is "Frustration of contract" a valid term in law that i can quote.

Deep: Very grateful for the clarification. Your response would suggest GPEOL still stands in this case.

Must admit that theire response was a bit curt after I submitted several pages with photo's etc to just get a one paragraph "up yours, were're right, signs were perfect"

Nest stage will be POPLA which will include your valuable suggestions. Going to add and expand on this:
There is a problem with the collectionof data by ANPR systems that renders it inadmissible as evidence and voids anyclaims that you may have irrespective of the validity of those claims.

POPLA appeal will be done early next week which will give me time to digest any additional info which you mat be able to offer.

Very Many Thanks.