Barrier on Exit - pay on exit

Computersaysno

You're in a car park which has clear signage of parking £2/hr, pay on exit and there's a manned barrier at the exit.


Driver goes to barrier and refuses to pay....what can the parking company do??


If they refuse to raise the barrier are they in effect clamping the car...which is illegal??

waamo

Barrier car parks are specifically exempt in POFA. I don't recall which section but it's in there.

pogofish

Yup - read-up on the gates/barriers guidance in POFA - an exemption is there.

Computersaysno

Thanks...found it...section 54....I was looking in the wrong area!!


Question now is....what's meant by a fixed barrier? Surely if it's 'fixed' then it can't be moved to let people out or in????


Needs to be moveable or it's simply a fence!!! lol

pogofish

Fixed - as in a gate, barrier, or bollard of some kind. They can't erect something ad-hoc to obstruct a vehicle.

eta - here's the chapter and verse:

54 - 3: But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.

I think that covers it.

Computersaysno

Chain across the opening - fixed to wall at each side of opening, and then joined with a padlock in the middle to a folding bollard??