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ParkingEye/County Court Business Centre

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  • #46
    Re: ParkingEye/County Court Business Centre

    Originally posted by mystery1 View Post
    Absolutely.

    At the end of 6 add

    " The driver was disabled and the signage was not clear for someone who is registered disabled. Signage to create a contract must be clear as per Parking eye v Beavis" or something along those lines.

    M1
    OK M1, I have made this small addition to the defence, could you let me know if you think it suits please...

    Further it states “Requirement for contract terms and notices to be fair
    (1) An unfair term of a consumer contract is not binding on the consumer.”

    Payment of £100 instead of £1.50 is unfair.
    No clear signage for the disabled is unfair.

    6. The claimant states “ The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable.” The claimant is put to proof.

    Comment


    • #47
      Re: ParkingEye/County Court Business Centre

      Originally posted by mystery1 View Post
      Court. You can phone and get an email address for the court and double check the formats allowed what goes in the subject field of the email etc :okay:

      M1
      Hi M1, got a defence/response through from Parking Eye, they have basically argued certain points but I still think I have a pretty good case. They keep hammering on about how their signage is clear and if a motorist on the road can read signs up to 70mph then it is reasonable to say that they can read signs at 5mph in a car park and the fact the motorist can park the car and get out and read the signs if need be as they have a grace period. This contradicts a quote they posted from a case (sorry I don't have the doc to hand right now) it stated how the judge agreed that by the motorist parking in a bay they have agreed to the offer of a contract, I could argue that by admission from Parking Eye that they encourage the motorist to park up to then read the terms and conditions.

      regarding the signage, I have again checked the car park for a signage for disabled patrons and their are none, the BPA code of practice states...
      16.1 The Equality Act 2010 says that providers of services to the public must make ‘reasonable adjustments’ to remove barriers which may discriminate against disabled people.

      16.2 ‘Reasonable adjustments’ to prevent discrimination are likely to include larger ‘disabled’ parking spaces near to the entrance or amenities for disabled people whose mobility is impaired. It also could include lowered payment machines and other ways to pay if payment is required:
      for example, paying by phone. You and your staff also need to realise that some disabled people may take a long time to get to the payment machine.

      18.9 So that disabled motorists can decide whether they want to use the site, there should be at least one sign containing the terms and conditions for parking that can be viewed without needing to leave the vehicle. Ideally this sign should be close to any parking bays set aside for disabled motorists.

      What is the next step from here mate?

      Comment


      • #48
        Re: ParkingEye/County Court Business Centre

        Can you send it to [MENTION=49370]Kati[/MENTION] ?

        The next steps will be that the court will send out a directions questionnaire which is simple and requires you to send your completed copy to them and the court.

        M1

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