Impossibility of performance query PCN

[Greekyoghurt]

Guys, I went through online forums over a week ago and made my defence to a parking charge notice, with little actual hope, but an eagerness to learn at the very least.

[des8]

well on the basis of what you have written I would sit back and await the 2letter of claim" that will inevitably come.

that signage is forbidding and does not offer a contract to park except for visitors to X.
So when they claim for breach of contract, they will have a problem 9besides the other problems you have highlighted.

A pity if you identified the driver in your appeal

[Greekyoghurt]

The part I am not clear on is are terms mutually 'inclusive' i.e. cannot occur without the other, or are they separate terms. Their response was essentially (I'm paraphrasing) 'as you have rightly identified you could not enter the premises to get to the kiosk, this means you were not a visitor of the business and as our signs say, this is a 24hr charge car park'. Here they are linking both terms together, rather than my challenge the second term was physically impossible to perform

[des8]

So they confirm the driver wasn't a visitor as the kiosk was not accessible, so the driver was a trespasser and they cannot claim a breach of contract.

IMO the terms could be construed as "mutually inclusive".
One could in theory enter shortly before the shop closed, enter relevant details and remain on site overnight (sleeping in the vehicle!)

Anyway they are tying themselves in knots so no need to over complicate.

I wonder if this site is run by not so smart Smart Parking
However they do monitor these sites so suggest you delete first sentence of post 3 and parts of post 1 so drivers identity is not revealed

[Greekyoghurt]

Right, silly question - how does one edit a post? Think I'm being a bit slow today..

[des8]

There is an edit button in blue band at bottom of post, but it is probable you don't yet have that facility.
Just wait for their next letter

[PallasAthena]

Greekyoghurt New posters need a certain number of posts before they can Edit and if you cannot see the 'Edit' button on right hand side of blue band underneath your post then you can't Edit yet.

However if you report your own post (triangle with ! in it on left hand side of blue bar) and say what you want removed Admin will be able to Edit your post.

[EXC]

I've edited posts #1 & 3.