Parking Code evidence - your images of private parking signs are needed please!

Coupon-mad

Total Parking Solutions sign at Harlesden Plaza, per this thread:

https://forums.moneysavingexpert.com/discussion/6643623/total-parking-solutions-dcb-legal-harlesden-claim-form

This one is a particularly nasty 'scam' operation because in TINY text, it specifies a 'night rate' but the times are unreadable.

The detrimental effect on consumers is as shown in that thread (exactly the same 'night rate' scam as Britannia were caught out using at West Quay Southampton but Trading Standards stepped in to change that one).

With this TPS sign, £4.50 should have bought a parking session of two hours because the vehicle arrived and the parking began well before the night rate started.

There is nothing in the extremely cluttered contract (this TPS sign) to tell a driver that the £4.50 offer doesn't in fact entitle them to two hours, if the parking session overlaps the night rate. The session just stops at 11pm.

What are paying drivers meant to do, guess? And why are they not getting the promised 2 hour session for their £4.50 paid?

At best, the terms surrounding the overlap of two rates are ambiguous. Under UK law, if a contract term or consumer notice has multiple meanings, it must be interpreted in a way that is most beneficial to the consumer. This legal principle is known as the rule of contra proferentem. The principle is firmly embedded in UK consumer protection laws to protect consumers. Consumer Rights Act 2015 (CRA): Under s69 of the CRA, if a written term in a consumer contract is ambiguous, the interpretation that most favours the consumer will always prevail. 

Car1980

https://forums.moneysavingexpert.com/discussion/comment/82053793#Comment_82053793

To be fair, that's actually a very good way of alerting people to use the tablet.

Worth saving in order to demonstrate how it should be done when we get cases where there are no or inconspicuous notices.

Castle

Invergowrie Inn, DD2 Scotland £100 charge

The CEL sign says "up to £100".

Car1980

Pick the bones out of this odd electric charging trap by Parking Eye

Umkomaas

https://forums.moneysavingexpert.com/discussion/comment/82075896#Comment_82075896

ParkingEye is the agent, the parking contract is with the landowner (first two sentences in the small print).

Car1980

I was more thinking along the lines of no mention of the £70, that they will incur unspecified loss for non-payment (I predict the sum of £70 with my psychic powers) and the small print is illegible.

Also, you are directed to view trading hours elsewhere but could or could not be allowed to walk and leave your car there in a strange Scrodinger's parking situation. And would it even be parking? The small print you can't see seems to state remaining on site, but then the large text says no parking. But what if you're charging?

People are getting stung by this because they are using the charger when Lidl is closed apparently.

cooldude255220

Also, the sign doesn't say you can't park outside of store trading hours, does it? It just suggests you look at them.

cooldude255220

And also, if ParkingEye are acting as an agent, then are they validly the creditor?

Schedule 4 states:

“the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;

It depends how wide you read that definition I suppose.

Jenni_D

https://forums.moneysavingexpert.com/discussion/comment/82076308#Comment_82076308

The second "condition" states No parking outside of the store trading hours. 🤷‍♀️ But it doesn't say what those hours are.

cooldude255220

https://forums.moneysavingexpert.com/discussion/comment/82076524#Comment_82076524

Ahh, thanks, I need to read things more carefully!