Court claim

alcaw76

From what I can see on Google Street View though, the store now looks shut down and signs that were facing the road next to the entrance have all gone!

Redx

nothing UNFORTUNATE about it

you can allege that no signs were present 2 years ago and so you put the claimant to strict proof that the signs were present, what they said and when they were erected and that they had advertising consent as well

plus planning permission for any cameras

ie:- the lack of signs is not unfortunate, its a bonus (for you)

alcaw76

Redx wrote: »

nothing UNFORTUNATE about it

you can allege that no signs were present 2 years ago and so you put the claimant to strict proof that the signs were present, what they said and when they were erected and that they had advertising consent as well

plus planning permission for any cameras

ie:- the lack of signs is not unfortunate, its a bonus (for you)

Sorry, what I meant was that no signs are visible in Google Street View. There are signs in the car park visible on GSV but not sure how prominent or what they said.

Redx

yes I know , I looked at your full link


my advice still stands, except you dont allege they were missing, you put them to strict proof because whatever the signs were like , they form the basis (or not) of any contract with a driver and as a keeper you have tried GSV and it doesnt show any that you as keeper can study

ie:- do not lie , but use the knowledge that you have to put doubt about their signage , because it is rare that any signs form a contract such that the driver would have any doubts about what they are doing, and why


I bet they were NOTHING LIKE the ones in the BEAVIS case

alcaw76

I have managed to zoom in on a sign facing the road which states, free customer parking. Can this be used in any way do you think?

alcaw76

Redx wrote: »

ie:- do not lie , but use the knowledge that you have to put doubt about their signage , because it is rare that any signs form a contract such that the driver would have any doubts about what they are doing, and why

Sorry but could you explain a bit more what you mean by this?

Umkomaas

alcaw76 wrote: »

I have managed to zoom in on a sign facing the road which states, free customer parking. Can this be used in any way do you think?

I guess it means that if you were a customer, the parking is free. How do you think it might be used. We encourage you to try thinking a bit outside the box and coming up with your own potential scenarios.

alcaw76

Umkomaas wrote: »

I guess it means that if you were a customer, the parking is free. How do you think it might be used. We encourage you to try thinking a bit outside the box and coming up with your own potential scenarios.

Well, one scenario is of course that the driver was a customer!

But if the driver wasn't a customer then could this mean that they would be forbidden to park and therefore that there cannot have been a contract agreed with the driver?

Redx

yeah , I zoomed in too, that was my point about the signs, or lack of , or forbidding signage

let us assume that you were actually dricing that day

you came to a fence next to a sub-station, to the gates, there are large signs that say DO NOT ENTER - DANGER OF ELECTROCUTION or DANGER OF DEATH , you wouldnt continue if those gates were open because you are fully aware of the situation without leaving your vehicle

SO IN THIS CASE WERE THE SIGNS PROMINENT ? such that any driver would know not to park there unless they were a customer, were there large characters that said £100 charge for parking here (except customers) or something similar, such that a driver was in no doubt that he or she was agreeing to pay £100 for parking there ?

as Umkomaas said, YOU need to start thinking about all likely scenarios , including the fact that the NTK probably did not comply with POFA and so you as keeper are not liable fo GTF and chase the driver and stop mithering me (the keeper)

if you dont understand the game you are playing, and the rules surrounding it, how do you expect to win ? because you have been picked to play , regardless

bear in mind that you are expecting legal advice , on a consumer advice forum (not a legal advice forum)

if you had asked MARTIN LEWIS at one of his roadshows, he would tell you to consult with a lawyer , he certainly WOULD NOT give you legal advice , free or otherwise

as for your last post - CORRECT


but if they do not know who was driving, and have failed POFA, then as keeper you are not too bothered about what a driver may or may not have done, because a keeper isnt liable UNLESS the claimant complied with POFA

alcaw76

Redx wrote: »

but if they do not know who was driving, and have failed POFA, then as keeper you are not too bothered about what a driver may or may not have done, because a keeper isnt liable UNLESS the claimant complied with POFA

INDEED! And I thought this was enough of a defence to not worry too much about anything else. But having come on here I get the feeling I need a lot more to my defence!