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Road safety issue - (ParkingEye)

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  • Does anybody think that there is a case here for frustration of contract?

    If it were dangerous to leave then your hands are tied? No?
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
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    rupedixon wrote: »
    Does anybody think that there is a case here for frustration of contract?

    If it were dangerous to leave then your hands are tied? No?

    I think so but it would only be one of many appeal points. It would be a really good point in a court case I think.
    It all comes down to how well you spell out your PoPLA appeal because we have seen some really perverse PoPLA decisions simply because some of the assessors do not understand the law of the land, or even the BPA CoP.
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  • pogofish
    pogofish Posts: 10,853 Forumite
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    Your case is no different to anyone else with a PE ticket. on't make the mistake of thinking that PE or POPLA give a hoot about individual circumstances. That way you hand them victory on a plate - Stick to the proven stuff in the Newbies Sticky and recent PE appeals threads for near-certain ways to get shot of them. :)
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    rupedixon wrote: »
    Does anybody think that there is a case here for frustration of contract?

    If it were dangerous to leave then your hands are tied? No?

    No. There is an opportunity in most MSAs to pay £10 to overstay.

    I am surprised that motorists are not aware that MSAs have a time limit for free parking and an opportunity to stay longer for £10.

    No point in saying you can't see the signs because it was foggy without some evidence, I am afraid.
  • Coupon-mad
    Coupon-mad Posts: 152,455 Forumite
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    Guys_Dad wrote: »
    I am surprised that motorists are not aware that MSAs have a time limit for free parking and an opportunity to stay longer for £10.

    That's because the signs aren't visible! :)

    To the OP, gerbilpasty just won at POPLA on the point of signs not being readable at night:

    https://forums.moneysavingexpert.com/discussion/5550553

    But firstly try ringing the Services and complaining to the Site Manager. Many MSAs will cancel in such circs.
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  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
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    Coupon-mad wrote: »
    That's because the signs aren't visible! :)

    To the OP, gerbilpasty just won at POPLA on the point of signs not being readable at night:

    https://forums.moneysavingexpert.com/discussion/5550553

    But firstly try ringing the Services and complaining to the Site Manager. Many MSAs will cancel in such circs.

    Memory of an elephant comes in useful, c-m. :rotfl: Well, that does make a difference so OP needs to incorporate as much as possible from your link. Can't go with frustration of contract point as I referred to as in order to frustrate one, it needs to be admitted one existed, that the motorist was aware of it and that would defeat the clim that the sign was not readable.
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