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Ticket for daring to use a hand car wash

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  • Umkomaas
    Umkomaas Posts: 43,317 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The sign showing 'Free Parking for Car Wash' isn't a CEL sign. If this goes on to the issue of court proceedings you need to be ready for them arguing that point. In your defence you will need to state that as it was sited immediately below the CEL sign you read it as part of the parking conditions. You weren't to know whose sign it was.

    Something for further on in the process.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Half_way: as per my previous reply, the car park is next to St Mary Magdalen's Church, in Athenaeum Road, Whetstone, North London, N20 9AL.

    I'm sure they don't bother to read the appeals, but I sent the initial representation through the Appeals form on CEL's website.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 20 August 2018 at 7:00PM
    STARPARK enforced by CEL.

    The parking sign is over the car wash sign not the other
    way around so can only be assumed it is what is said
    on the tin.
    They might say they did not know and that will be down to
    good car park management which clearly they have not done

    The parking sign has been screwed into the car wash sign

    This would lead anyone to believe that it's official and a judge
    would see it that way as well .

    CEL in general is such a junkie setup and so it appears
    are their "spin off" companies

    They are known to the courts as timewasters and for
    their habit of discontinuing at the last moment

    I would let this run to court and then claim your costs
    from CEL, they are used to that anyway
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    gorilla17 wrote: »
    They're completely ignoring the fact that there's a bloody great sign at the car park entrance, directly under their so-called terms and conditions, which states "Free Parking for Car Wash".
    Google "Promissory estoppel".
  • https://forums.moneysavingexpert.com/discussion/comment/74699143#Comment_74699143


    Interesting discussion here gorilla about a sign which turns out to be (we think) almost the same as your sign, the last paragraph of it anyway.


    Your principal argument is obviously that you were availing yourself of the car wash, for which parking (although you didn't park, but queued) is free, and that you were entitled to assume that this formed part of any offer made by the signage.


    The secondary argument here is that CEL didn't offer you any contract in that signage. Starpark did. The sign does not identify Starpark as the trading as name of CEL, it just says CEL will enforce the terms. I can't offer you a contract, which you accept, saying "if you breach this then my really annoying Aunty Flo will be enforcing it". It's my contract and only I can enforce it. That clause is completely meaningless. Argue this as a secondary point.


    Can you check your NtK? Who did it come from? Was it CEL or a completely different company like the poster in that other thread?
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • gorilla17
    gorilla17 Posts: 41 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks, Loadsofchildren.

    Sounds very similar. The PCN was issued by CEL, no mention of Starpark.

    Although actually the only mention of Starpark anywhere is in the URL at the bottom of the sign. And as is pointed out on the other thread, https://www.starpark.co.uk is a complete waste of time. The small print on the sign (if it were legible without a high resolution camera!) does imply that the contract is with CEL, so I'm not sure it would be worth bringing Starpark into the argument in my case.

    I've yet to have a chance to go back and talk to the car wash people, but I really can't see how it can be worth CEL's time and effort to pursue this when the sign so clearly states that parking is free for users of the car wash.
  • gorilla17 wrote: »
    Although actually the only mention of Starpark anywhere is in the URL at the bottom of the sign. And as is pointed out on the other thread, https://www.starpark.co.uk is a complete waste of time. The small print on the sign (if it were legible without a high resolution camera!) does imply that the contract is with CEL, so I'm not sure it would be worth bringing Starpark into the argument in my case.
    I would agree. It's CEL on the signage, and who it implies (though doesn't really state) any contract is with. A URL is meaningless. I could have one saying https://www.thisisameaninglessurl.com, which still redirected to CEL.

    Need to major on the Free Parking signage.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I would agree. It's CEL on the signage, and who it implies (though doesn't really state) any contract is with. A URL is meaningless. I could have one saying https://www.thisisameaninglessurl.com, which still redirected to CEL.

    Need to major on the Free Parking signage.

    It just CEL on their usual scam tram
  • Coupon-mad
    Coupon-mad Posts: 151,369 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gorilla17 wrote: »
    I really can't see how it can be worth CEL's time and effort to pursue this when the sign so clearly states that parking is free for users of the car wash.
    They will proceed automatically to a claim if you do nothing.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So what do you think I should do?
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