CCJ looking for consent or set aside

Raf123411

Coupon-mad said:

In one of those photos, the light is on and in the other the light is off.  

There is no light on the car park.

First photo is from the street, second from inside the car park with the flash.

All other photos for T&C etc. are made with flash as it`s difficult to see them when its dark outside.

KeithP

Yes, I can see that the first two signs face in towards the car park. 
As there is no lighting in the car park, it must be difficult to read those signs in the dark.

Can you get pictures of those signs in darkness without flash - just to show how difficult they would be to read in real life?

Raf123411

KeithP said:

Yes, I can see that the first two signs face in towards the car park. 
As there is no lighting in the car park, it must be difficult to read those signs in the dark.

Can you get pictures of those signs in darkness without flash - just to show how difficult they would be to read in real life?

Sure I`ll go there again tomorrow evening to take photos without the flash. Can I attached the photos to my defence? I think it would be very helpful to have them.

Also reading throught different forums and topics is it correct to say if i`m not able to read the sign due insufficient lighting and have only 5 minutes to do it it could be treat as a frustration of the contract or it`s not that simple?

KeithP

Raf123411 said:

KeithP said:

Yes, I can see that the first two signs face in towards the car park. 
As there is no lighting in the car park, it must be difficult to read those signs in the dark.

Can you get pictures of those signs in darkness without flash - just to show how difficult they would be to read in real life?

Can I attached the photos to my defence?

No. Nothing gets attached to a Defence, but they will be useful at evidence and Witness Statement time - some time next year.

henrik777

Raf123411 said:

KeithP said:

Yes, I can see that the first two signs face in towards the car park. 
As there is no lighting in the car park, it must be difficult to read those signs in the dark.

Can you get pictures of those signs in darkness without flash - just to show how difficult they would be to read in real life?

Sure I`ll go there again tomorrow evening to take photos without the flash. Can I attached the photos to my defence? I think it would be very helpful to have them.

Also reading throught different forums and topics is it correct to say if i`m not able to read the sign due insufficient lighting and have only 5 minutes to do it it could be treat as a frustration of the contract or it`s not that simple?

No. The signs are required to create the contract. If they are not present easily visible then there simply isn't a contract.

Coupon-mad

It is a major defence point.  Just not 'frustration of contract'.  As henrik says, a sign that can't be read = no contract.

Were_Doomed

You mention 5 minutes free ... has it always been that way, or is that a recent change? (What really matters is the signage on the day in question ... anything useful from Google street view as you can go back in time?)

Raf123411

Were_Doomed said:

You mention 5 minutes free ... has it always been that way, or is that a recent change? (What really matters is the signage on the day in question ... anything useful from Google street view as you can go back in time?)

Unfortunately because it was 2 years ago I’m not able to look back on the signs. Looked on the google reviews, maps etc. but nothing there. 

@Coupon-mad I took some photos without the flash today, main t&c and all smaller signs. I’m not sure if that enough to say it’s to dark to read the signs.
All the signs are facing the car park without any street lights giving direct light on them.

Coupon-mad

Looks too dark to read those signs, and they aren't facing the road so that breaches the IPC CoP on entrance signs.

nosferatu1001

Did you use the timeline on GSV ? That usually goes back more than 5 years