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  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 25 June 2022 at 4:03PM
    Le_Kirk said:
    "If the signage on the entrance states no parking between 11.30PM and 10.00AM"

    Does the signage say that specifically on the entrance to the site?  

    I have seen signs that say charges apply between 7.30 am and 18.30 pm which suggests that you can park free outside those times but drivers have still received a PCN.

    Was there demarcation between the area's of the car park with differing terms and conditions?    
    Oh, yes very ambiguous!  Should the doctrine of Contra Proferentem apply in these cases.  It doesn't specifically say no parking outside of those hours just that charges apply between those hours!

    Charges apply 7.30 am to 18.30 pm  Monday to Sunday. Motorists have received PCN's for parking outside those hours.  

    Nolite te bast--des carborundorum.
  • mikeylpool
    mikeylpool Posts: 48 Forumite
    Ninth Anniversary 10 Posts Name Dropper Photogenic
    edited 27 June 2022 at 12:08PM
    For my case I went and had a look at the signage and regrettably it is very clear - quite explicit and in big letters :(
    So I don't think poor signage will be an excuse.

    I sort of resided to the fact that I need to chalk this one up to experience and pay up, the only thing perhaps to argue against is whether £60 is a far charge for 10mins of time on the private land.  Is it worth pursuing and taking the militant approach, I don't know?
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 June 2022 at 12:27PM
    That sign is a complete dogs dinner and not clear at all! Absolutely no paying it!

    https://clearest.co.uk/wp-content/uploads/2021/09/DVLA-BPA-Cutts12June2012_v2_mf.pdf
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • mikeylpool
    mikeylpool Posts: 48 Forumite
    Ninth Anniversary 10 Posts Name Dropper Photogenic
    edited 27 June 2022 at 3:44PM
    That sign is a complete dogs dinner and not clear at all! Absolutely no paying it!

    https://clearest.co.uk/wp-content/uploads/2021/09/DVLA-BPA-Cutts12June2012_v2_mf.pdf
    The post a few back with the sign image wasn't mine.  I'll post a picture in a moment of my one.
  • mikeylpool
    mikeylpool Posts: 48 Forumite
    Ninth Anniversary 10 Posts Name Dropper Photogenic
    Signs  near the entrance. 
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
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    edited 27 June 2022 at 4:37PM
    Signs  near the entrance. 
    There is a sign for Argos. They would be open before 10.00 am unless a Sunday. I don't think that it's brilliant signage if you were driving past and seeing signs for places that are open before 10am is confusing. Were you there in the morning?  

    Nolite te bast--des carborundorum.
  • mikeylpool
    mikeylpool Posts: 48 Forumite
    Ninth Anniversary 10 Posts Name Dropper Photogenic
    Signs  near the entrance. 
    There is a sign for Argos. They would be open before 10.00 am unless a Sunday. I don't think that it's brilliant signage if you were driving past and seeing signs for places that are open before 10am is confusing. Were you there in the morning?  
    Basically there is a demarcated section of parking that just has one way in and out.  This is completely surrounded by a border/territory markers.  Either side of the way in there are signs like the one above. Plus there are a couple of others which are quite large letters (i.e. not hidden in small print).  As I say, I'm not sure I was wriggle out of this one, unless I was prepared just to tell them that £60 isn't a fair charge for the 10 mins
  • Umkomaas
    Umkomaas Posts: 43,510 Forumite
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    The siting of the ANPR cameras might be interesting.  Can you give us an address so we can look in Google Street View?
    unless I was prepared just to tell them that £60 isn't a fair charge for the 10 mins
    Won't work, they'll simply quote ParkingEye v Beavis Supreme Court judgment.

    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 153,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 27 June 2022 at 7:08PM
    Signs  near the entrance. 
    There is a sign for Argos. They would be open before 10.00 am unless a Sunday. I don't think that it's brilliant signage if you were driving past and seeing signs for places that are open before 10am is confusing. Were you there in the morning?  
    Basically there is a demarcated section of parking that just has one way in and out.  This is completely surrounded by a border/territory markers.  Either side of the way in there are signs like the one above. Plus there are a couple of others which are quite large letters (i.e. not hidden in small print).  As I say, I'm not sure I was wriggle out of this one,
    Really...?

    Where on those signs do you read about the £100 the driver supposedly agreed to pay?

    unless I was prepared just to tell them that £60 isn't a fair charge for the 10 mins.
    Not as such - 'disproportionate charge' as an argument has no legs - but lack of fair grace period to read the signs in this 'mixed messages' car park, and then decide to leave, has legs.

    Remind us exactly what times the car was there and why?  How come they left after 10 mins?

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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