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Quote: Originally posted by mikegalagher on 10/9/2013

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Quote: Originally posted by tentage on 10/9/2013

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Quote: Originally posted by mikegalagher on 09/9/2013

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2. By parking there, if the signage is done right, you're entering into a contract.

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Oh really...so which court has that been tested in?

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I've no idea whether it's been tested or not.

I do know that gov.uk say:

"7. How is a parking contract formed?

7.1 Contracts for parking on private land can arise in a number of ways. However normally a car park will have signs setting out the terms and conditions upon which parking is offered. Drivers can then decide whether or not to accept those terms and conditions. In most cases a
driver who parks in a car park with clear signage setting out the terms and conditions will be deemed to have accepted the terms and conditions and therefore entered into a contract to park with the landholder."

OK?

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Quote: Originally posted by beechy on 12/9/2013

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Quote: Originally posted by mikegalagher on 10/9/2013

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Quote: Originally posted by tentage on 10/9/2013

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Quote: Originally posted by mikegalagher on 09/9/2013

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2. By parking there, if the signage is done right, you're entering into a contract.

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Oh really...so which court has that been tested in?

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I've no idea whether it's been tested or not.

I do know that gov.uk say:

"7. How is a parking contract formed?

7.1 Contracts for parking on private land can arise in a number of ways. However normally a car park will have signs setting out the terms and conditions upon which parking is offered. Drivers can then decide whether or not to accept those terms and conditions. In most cases a
driver who parks in a car park with clear signage setting out the terms and conditions will be deemed to have accepted the terms and conditions and therefore entered into a contract to park with the landholder."

OK?

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Try this scenario - I'm driving a vehicle on the motorway and  start to feel tired. I pull on to the services and sleep in my vehicle without getting out to use the facilities. I'm parked up for longer than the permitted 2 Hours. I have seen the signage because I didn't leave the vehicle and the signage is attached to the buidings from which I have parked some distance so cannot see them. Is the signage clear enough to satisfy the legal requirement?

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Quote:

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OK?

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Quote: Originally posted by jayc001 on 12/9/2013

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Quote:

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OK?

Try this scenario - I'm driving a vehicle on the motorway and  start to feel tired. I pull on to the services and sleep in my vehicle without getting out to use the facilities. I'm parked up for longer than the permitted 2 Hours. I have seen the signage because I didn't leave the vehicle and the signage is attached to the buidings from which I have parked some distance so cannot see them. Is the signage clear enough to satisfy the legal requirement?

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Quote: Originally posted by jayc001 on 13/9/2013

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There is no legal obligation to read the signs and the signs have no legality. Overstaying without permission is trespass which is why damages are limited. Parking charges are the amount you shoudl have paid for overstaying the 2 hours i.e. £2 and not £70.

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Quote: Originally posted by jayc001 on 14/9/2013

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Quote:

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There is no legal obligation to read the signs and the signs have no legality. Overstaying without permission is trespass which is why damages are limited. Parking charges are the amount you shoudl have paid for overstaying the 2 hours i.e. £2 and not £70.

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This is interesting. I've not seen any mention of this on the pepipoo site. Would this also be valid for parking enforcement on public streets? Say where no parking is permitted between certain times?


It's difficult to see how any contract (as opposed to legislation) could be deemed enforceable when the basis of it relies solely upon a presumption that the other party had read and agreed the terms.

Suppose you cannot read, suppose you cannot understand English, or are dyslexic?   'presumed' consent is very shaky ground for any contract.

The last time I bothered to look into this farce, only the landowner could bring an action for damages incurred by trespass, and any damages sought had to be only for the loss incurred, and not be of a punitive nature.

Trying to add £68 to a £2 charge is extremely punitive, and such an action could not succeed.

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Quote: Originally posted by jayc001 on 14/9/2013

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OK I take back some of the above

http://www.telegraph.co.uk/motoring/news/9108968/Thousands-of-motorists-get-driving-licences-despite-not-speaking-English.html

Seems you can take a driving test with a translator for both the theory and practical no matter how bonkers that seems.

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