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BPA & Car Park Signage

jon_1827
Posts: 59 Forumite

My reading of the BPA Code of Practice Section 18 is that signs must be placed at the entrance to the car park and throughout the car park in a strictly prescribed format. This covers things such as the size of the sign, the size of the text and the text content itself.
The way it is written suggests the rules are non-negotiable, such as; "you must also have a standard form of entrance sign" and "signs showing your detailed terms and conditions must be at least 450mm x 450mm".
I thought I had an open and shut case with my Popla appeal as the signs did not meet the requirements and all of them were invalid according to the BPA Code of Practice. However, Popla dismissed this stating that it is the drivers responsibility to find and read the terms on signs and that as long as there were some signs to enable this, then its all good.
So who is right? Me or Popla? And if this was to end up in court, how do judges see this?
The way it is written suggests the rules are non-negotiable, such as; "you must also have a standard form of entrance sign" and "signs showing your detailed terms and conditions must be at least 450mm x 450mm".
I thought I had an open and shut case with my Popla appeal as the signs did not meet the requirements and all of them were invalid according to the BPA Code of Practice. However, Popla dismissed this stating that it is the drivers responsibility to find and read the terms on signs and that as long as there were some signs to enable this, then its all good.
So who is right? Me or Popla? And if this was to end up in court, how do judges see this?
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Comments
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Utter cobblers from PoPLA, as usual. In order to bind you into a contract signs must be so prominent that you couldn't possibly miss them, and so clear you couldn't possibly misunderstand them. It is absolutely NOT the motorist's responsibility to scour the car park just in case there might be some titchy signs lurking in obscure corners.
As to what a judge might make of it, the BPA Code of Practice is not law and a judge can ignore it if he wishes. If a judge decides that in his subjective opinion the signs are fine then you are screwed. It's a lottery basically.
What PPC is this?0 -
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