Gladstone solicitors letter - cowboy signage

KeithP

From GSV there appear to be about half a dozen t&c signs scattered around that carpark. All of them are at about eight to ten feet above ground and 'hidden' amongst graffiti. 

Just one example: 

(click on the pic to go to GSV)

Fruitcake

I'm sure I recognise that car park. I think there was another thread about it earlier this year.

Do a forum search using the name of the PPC and Cecil Street in case there is anything useful in that previous thread.

Unfortunately the search facility was "improved" by a forum "upgrade" last year, so is pretty pants now.

You might find an internet search adding mse or moneysavimng expert to your search parameters might find it as well.

KeithP

Fruitcake said:

I'm sure I recognise that car park. I think there was another thread about it earlier this year.

There was - this one in December last year -

Premier Parking County Court Defence

And a very similar situation too.

Umkomaas

I'd be very concerned that my car might get a re-spray there. Would not park in any car park looking like that, especially with a PPC looking to cash in!

Motorists have to be so much more canny, jeez!   Every warning bell possible ringing out loud!

parchway2021

Legends - thanks for all your help. That previous case is very useful, especially this section from @Fruitcake
S69 of CRA 2015 says:

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.

I could also cite a number of similar defenses from that post's initial defense, plus a note around the high and graffiti hidden signs. 
Once I build these into a pseudo-defense (haven't had an LBC yet) , what are the next steps? Should I notify the solicitors I do not intend on paying and cite the reasons why? Maybe even ask for a SAR from PPL and the contract I have allegedly breached?
@umkomaas couldn't agree more...lesson learned 

Fruitcake

Send an SAR now. If you wait until you have a LoC, you might not get the info you need in time to submit a defence. You can always send another SAR later if you think it might help.

Include proof of ID such as a copy of the V5C, or two redacted utility bills or bank/card statements. Never send photo ID.

Your next step will be to pursue a landowner complaint, then thoroughly read the NEWBIES, especially the guide to court written by bargepole you will find in the second post of the NEWBIES.

Coupon-mad

I have to agree with the OP, I think the signage is confusing and can be interpreted in more than one way, especially when you look at the entrance sign in this horrific looking 'car park' (that I would never leave my car in, and I'm not precious about cars!).

The entrance sign offers 'one hour' for 20p.  Given that two hours is 40p, then it follows (unless a sign says otherwise) that 3 hours is 60p, etc.  There is a glaring gap in the signage where the consumer has to join the dots themselves.  One could reasonably take that offer at the entrance to mean that each hour is 20p.  The doctrine of contra proferentem applies and the interpretation that most favours a consumer must prevail (CRA 2015). 

Also, I don't think any Judge is going to be very impressed with the clarity of those signs placed among graffiti and I think they would share your view of a lack of certainty about how much to pay per hour.  The photos do the Claimant no favours at all.

MothballsWallet

@Coupon-mad That bottom bit on the yellow sign looks like it was put there with 4 bolts (and one's missing it seems), so could easily be removed by the PPC or a vandal during a night time graffitti run.

parchway2021

Thanks a lot for everyone's input - it's very highly appreciated.
SAR will be sent out by this evening and landowner complaint will follow early next week. Will keep the thread updated as this develops.
Thanks again all. 

nosferatu1001

I still dont think you can just presume that every hour is the same price; many car parks operate a differential pricing structure, and for obvious reasons - some want a high turnover, so their rate per hour increases the longer you stay, others want to encourage low turnover long stay, so their rate decreases.
This place wants a mix; cheap short stay, a worthwhile amount for long stay.