Unfair contract Terms Defence

Eurogolfer

I have read the NEWBIES threads, but unfortunately after I appealed to APCOA and POPLA. Both appeals have been rejected. I have admitted driving but if they take me to court I believe I have two defences. One will be signage and there is plenty I can pick up on this thread.

The second is based on the case: "Director General Fair Trading v First National Bank (Unfair Terms in Consumer Contracts 1999)", Which is mentioned in the Beavis case.

I have been issued a PCN for parking at Oxford Parkway outside the marked lines. The car park was full and there was a roadway within the car park where around 8 cars were already parked. No yellow lines and no obvious signs. Elsewhere in the car park roads have double yellow lines. In the roadway where I parked one does not block anyone else. Since then I have noticed on a number of occasions cars parked in the same area and receiving tickets. If the case goes to court I intend to ask how many tickets are issued in that area over a 3 month period compared with the roadway with yellow lines. I suspect the figure will be 100s. It is my belief that this is a DELIBERATE PLOY by APCOA to generate tickets and may breach the Unfair Contract Terms.

Has anyone used this defence at all?

Thanks

Eurogolfer

Quentin

Read up on railway station bye law pcns & trespass


What happened with your popla appeal?

Coupon-mad

That defence will not win, but happily, no-one needs to use a defence v APCOA as they don't try court. If they did, we would assist. Our defences (when posters stick around to be fully coached right up to the hearing) win 99% of the time.

Relax - it's only APCOA, you are lucky!

Eurogolfer

Thank you. Popla refused to acknowledge Beavis and that the T and C, at only 4 cm high were unreadable from the car, so they rejected it. There are also over 600 words on the signs, which they expect people to read before they catch the train!

Coupon-mad

Next time, appeal as keeper - a cinch to win!

Eurogolfer

Thanks. Chiltern railway bylaws do not mention having to park within designated lines but parking ticket specifies subject to National Rail Conditions of Carriage.

Eurogolfer

Agreed, but as I have NEVER had any sort of parking ticket in my 50+years I was rather naive in this respect and only found the forum after it was too late.