Flaw in Southeastern/Indigo Display T&C's?

AKent

Much to my surprise, Indigo just granted my appeal so I don't need to go to POPLA and try this out myself, but I offer the info here in case it is of use to anyone.

The signage in my Southeastern/Indigo car park includes the term:
"You must purchase (and display) a valid ticket or permit and/or purchase a valid cashless parking session covering the duration of your stay."

Given that anyone buying a weekly/monthly/annual permit will almost certainly do it with a card rather than a wad of cash, this is (by definition) a cashless payment and therefore arguably a "cashless parking session" which does not have a "display" requirement.

This could reasonably be argued to be a confusing and unclear statement that makes it impossible to enforce a penalty for "non display"

twhitehousescat

or it could be that the BPA has told them NO

POPLA and appeal process for Railway Land
There is a meeting on 27th January 2017 to discuss this issues. John Gallagher decided to
make a decision on the outstanding cases as they could not stay adjourned, he concluded
that he would allow them all. He has invited the Operators to withdraw them and will allow
the rest. He is meeting with with the DVLA, DCLG and the Railway Operators on the 27
January 2017 to agree the process including the appeals.
If you park in a railway car park it will be a criminal case and they will allow clamping, which
does not seem good practice.
One possibility is the DVLA to say that operators can continue to use POPLA but this means all
appeals will be dismissed. Currently they are bound by the decision where the appellant is
not. The alternative will be to take POPLA out of the equation and then it is pursued through
the criminal system

Handbags-at-dawn

@ AKent: I think that's a good point to keep in mind. It's perfectly sensible to interpret payment by card (ie cashless) as not requiring you to display a ticket, since a card payment gives you proof of purchase - whereas for cash the only proof you have is the ticket.

It would apply to daily tickets too. The P&D machine at my local station doesn't take cards, so you can buy your daily ticket at the same time as your train ticket - by card.

DoaM

In consumer contract law, where any term is ambiguous then the interpretation that favours the consumer takes precedence.

The_Deep

The use of the words "and/or" is highly misleading.

twhitehousescat

a private company trying to hide behind bylaws is very misleading