30 mins free ticket

Umkomaas

Jeff_Sponagle wrote: »

hxxps:///s/jnsz3a62e59loi6/20181016_004627.jpg?dl=0

I can't get that to work sorry. There something wrong in the url. Can you have another go at it please?

Jeff_Sponagle

It doesn't say followed by regular charges just states monies for hourly tariffs. Do i have a leg to stand on?

Jeff_Sponagle

hxxps://dropbox.com/s/jnsz3a62e59loi6/20181016_004627.jpg?dl=0

Umkomaas

That's better - here you go.

https://dropbox.com/s/jnsz3a62e59loi6/20181016_004627.jpg?dl=0

Guys_Dad

Looks like you have failed to follow their t&c properly and only skim read them. I am not blaming you, but your best be may lie with a court. If I was a POPLA adjudicator, for example, I can see at least 2 places where you have failed to follow t&c and there is no mandate for discretion or mitigation in pre-court appeals.

This only applies to the signage t&c point. You can, of course, appeal on other points.

Sorry.

Fruitcake

08.00 - 18.00 xxxxxxxx 18.00 - 20 - 00

Up to 30 mins free * Up to 60 min free *

* Valid when displaying a valid ticket from a pay machine.

This could be interpreted as: -

You have to display a ticket from a machine that states 30 min (or 60 min) free parking on it …

OR

If you are already displaying a paid ticket from a P & D machine, you get 30 minutes (or 60 minutes) free.

I believe what the OP did could be interpreted as the latter exemption. They were displaying a valid ticket from a machine that expired at 19.31, and the free 30/60 minute period started at that point which would have lasted until after the time where payment is required had ended at 20.00.

I can't remember the legislation, (consumer Act?) but whatever wording supports the interpretation that best favours the customer is the one that applies.

KeithP

Fruitcake wrote: »

I can't remember the legislation, (consumer Act?) but whatever wording supports the interpretation that best favours the customer is the one that applies.

From Section 69 of The Consumer Rights Act 2015:

69 Contract terms that may have different meanings

(1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Fruitcake

KeithP wrote: »

From Section 69 of The Consumer Rights Act 2015:

That's the one, thanks.

Since the sign does not specify the free period must be before the paid period, and does not specify that a ticket for a free period is required, only a valid ticket from a machine is needed for the free period to appy, I would say that my alternative meaning should prevail.

The vehicle did indeed have a valid ticket from a machine displayed at the material time and the free period lasted upon its expiry until after the requirement to pay in the car park had passed.

Guys_Dad

Fruitcake wrote: »

08.00 - 18.00 xxxxxxxx 18.00 - 20 - 00

Up to 30 mins free * Up to 60 min free *

* Valid when displaying a valid ticket from a pay machine.

This could be interpreted as: -

You have to display a ticket from a machine that states 30 min (or 60 min) free parking on it …

OR

If you are already displaying a paid ticket from a P & D machine, you get 30 minutes (or 60 minutes) free.

I believe what the OP did could be interpreted as the latter exemption. They were displaying a valid ticket from a machine that expired at 19.31, and the free 30/60 minute period started at that point which would have lasted until after the time where payment is required had ended at 20.00.

I can't remember the legislation, (consumer Act?) but whatever wording supports the interpretation that best favours the customer is the one that applies.

Worth a try. But I think it would work best in court where they like such arguments.

Fruitcake

Guys_Dad wrote: »

Worth a try. But I think it would work best in court where they like such arguments.

Worth a try at PoPLA as long as it is crafted carefully with no long words.