Smart parking charge

[charitynjw]

Appeal was by e-mail. Yes ID myself as driver. Explained about being an employee on maternity hoping honesty would be best policy

In writing, then.

Looks like they propose to use common law breach of contract rather than legislation.
http://www.courtroomadvice.co.uk/com...w-england.html

Can you get a picture of the site sign(s) & post up on here?

[Woodsa64]

https://imgur.com/a/RAjaYIP

[Woodsa64]

Thankyou for help with previous link error (visible ref) *♀️ And Thankyou for your help so far!

[charitynjw]

https://imgur.com/a/RAjaYIP

Is that all?
No other signs?

[Woodsa64]

Just more of these dotted around the two car parks

[charitynjw]

Just more of these dotted around the two car parks

Haha....they're busted then, I reckon!

[ostell]

That can't surely be the only sign! Are there signs with larger lettering stating something like "permit holders only" ?

[Woodsa64]

How? On what basis? I’m at the popla stage, what should my appeal consist of?

[Woodsa64]

I would have to take a walk around the car park tomoro but to the best of my knowledge I do not recall seeing anything stating permit holders?

[ostell]

I would have to take a walk around the car park tomoro but to the best of my knowledge I do not recall seeing anything stating permit holders?

Or similar

[Amethyst]

No signs giving the pricing for non permit holders ? Or saying how to pay ?


5B65D049-723F-4E17-898C-DF5E09DE8B49.jpeg

[Woodsa64]

It’s free for 5 hours no way of paying to stay extra. Unless you have a permit

[madmax]

I had one of these... never responded in any way, have had letters from Gladstones Solicitors and Zenith collections since but have just ignored them all... been a year now.. I guess its a little different once you have responded.

[charitynjw]

Lord Denning's 'Red Hand Rule'

J Spurling Ltd v Bradshaw [1956]

"I quite agree that the more unreasonable a clause is, the greater the notice which must be given of it. Some clauses which I have seen would need to be printed in red ink on the face of the document with a red hand pointing to it before the notice could be held to be sufficient."

Repeated by Lord Denning in Thornton v Shoe Lane Parking [1970]

"All I say is that it is so wide and so destructive of rights that the court should not hold any man bound by it unless it is drawn to his attention in the most explicit way. It is an instance of what I had in mind in J Spurling Ltd v Bradshaw [1956] 1 WLR 461, 466. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling"

The more onerous a contract term is, the more obvious it should be.

Also see Consumer Rights Act 2015 s64

[Woodsa64]

There was no other signage in the car park aside from the previous pictures I posted. I have also gone to another shopping centre manager who only works 2 days a week and she has said she will speak to SMART and see if she can sort the fines out with them for me..........fingers crossed! 8 days before my discount runs out on the fine so hope she has good news as not sure how to go about a popla appeal...