just beat Parking Eye in court today.

cone_donkey

may be useful to some others here..

specifically in regard to Motorway services overstays.
won on account of the judge agreeing with me that the signs state '2 hours free parking' and other time spent on the site, ie at the petrol station does not count as parking. and that their small print on the signs does not mention sufficiently clearly, or in any way that might normally be understood to mean more than the generally accepted term 'parking'

(going to try to get hold of the transcript of the judges decision for the exact wording on that.)

Redx

so how long was the alleged "overstay" please ?


be good for people who are maybe half an hour over but not for anyone asleep for 5 hours !! still , a good win so well done


which court and judge ?

Fruitcake

Well done. As Redx says, any further info you can provide will be really useful.

beamerguy

cone_donkey wrote: »

may be useful to some others here..

specifically in regard to Motorway services overstays.
won on account of the judge agreeing with me that the signs state '2 hours free parking' and other time spent on the site, ie at the petrol station does not count as parking. and that their small print on the signs does not mention sufficiently clearly, or in any way that might normally be understood to mean more than the generally accepted term 'parking'

(going to try to get hold of the transcript of the judges decision for the exact wording on that.)

Well done :beer:

How then can PE and the other operators using ANPR actually determine how long a car was parked for ..... The signs do say PARKING after all ... not being on site

cone_donkey

was a 36 minute overstay.
so yeah not exactly useful for a 5 hour or sometihng.
but yes definitely should be useful for short overstays.

was in small claims court at liverpool. so a Magistrate i believe?

Redx

and the PCN they send out has the P word (Parking) as the name of the invoice

I have always had issues with any pcn that mentions PARKING when people are only stopped for a minute like in dropping off or picking up cases ,or checking signage etc , when there was no "intention to park", or if they decided not to stay

hence why these momentary stopping on private roads etc bothers me, or filling with with petrol , or in a drive through

but I digress


AFAIK it wont be a Magistrate as its not a criminal offence , its a civil offence so a DJ or similar

Castle

Judge dismissed a Parking Eye claim on the same grounds; unclear signage back in 2016:-
http://parking-prankster.blogspot.com/2016/06/parkingeye-lose-in-court-signage-terms.html

beamerguy

cone_donkey wrote: »

was a 36 minute overstay.
so yeah not exactly useful for a 5 hour or sometihng.
but yes definitely should be useful for short overstays.

was in small claims court at liverpool. so a Magistrate i believe?

Small claim courts are judges not magistrates

Before all the court stuff, did you appeal to POPLA on this

Without knowing it, you have stumbled across a very important factor
regarding ANPR, this can apply to all motorway service stations and supermarkets who have petrol stations etc

cone_donkey

yeah i did the appeal through their site. (didnt take it seriously though- was really considering doing the Joe Lycett routine on it)

and then ignored their rubbish after that, until submitting my proper actual defence in the court submission- that i had also been using the other services there and not just parked for longer than 2 hours.
and even better was that i didnt have to use any of my own evidence to beat them. they supplied all the ammunition themselves that i needed to beat them, with their copies of signs, and contract with Moto.

beamerguy

But did you actually appeal to POPLA and if so, what was their reply

cone_donkey

oh dont worry i did indeed know it.

i even went to the trouble of measuring distances from the ANPR cameras on the on and off slips, to the parking areas too, to further point out the fault of using those to charge for 2 hours parking.