Parking during restricted parking period
Parking during restricted parking period
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Discussion

Mammasaid

Original Poster:

5,286 posts

120 months

A driver has picked up a NTK from UKPC for parking during restricted parking period, see below.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.



Entrance



Signage



Car park owner can't be identified, and retail managers don't know who owns the car park.


Sebring440

3,076 posts

119 months

Mammasaid said:
A driver has picked up a NTK from UKPC for parking during restricted parking period, see below.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.

]
So to be clear, you parked "outside the permitted parking period" when the signage clearly states "No parking between the hours 22:30 and 06:00."?

And what is your mitigation?


Mammasaid

Original Poster:

5,286 posts

120 months

Sebring440 said:
Mammasaid said:
A driver has picked up a NTK from UKPC for parking during restricted parking period, see below.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.

]
So to be clear, you parked "outside the permitted parking period" when the signage clearly states "No parking between the hours 22:30 and 06:00."?

And what is your mitigation?
No, the driver (and it was not me) did and I'm not asking for mitigation, more that I am loath to give these low lifes a single penny of my hard earned and am asking how I could achieve this on behalf of the driver.

Pica-Pica

16,036 posts

107 months

Mammasaid said:
Sebring440 said:
Mammasaid said:
A driver has picked up a NTK from UKPC for parking during restricted parking period, see below.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.

]
So to be clear, you parked "outside the permitted parking period" when the signage clearly states "No parking between the hours 22:30 and 06:00."?

And what is your mitigation?
No, the driver (and it was not me) did and I'm not asking for mitigation, more that I am loath to give these low lifes a single penny of my hard earned and am asking how I could achieve this on behalf of the driver.
So you are happy for drivers to park on any private land, at any time, including your own front drive? You want a free-for-all?

The Mad Monk

11,040 posts

140 months

Mammasaid said:
No, the driver (and it was not me) did and I'm not asking for mitigation, more that I am loath to give these low lifes a single penny of my hard earned and am asking how I could achieve this on behalf of the driver.
Why the name calling?

Perhaps the driver should not have parked there?

Mammasaid

Original Poster:

5,286 posts

120 months

Please, spare me the moral high ground that some of you are sitting on. I'm just trying to help the driver for the heinous 'crime' of entering a free car park and parking for 23 minutes.

BlackTails

2,700 posts

78 months

Mammasaid said:
A driver has picked up a NTK from UKPC for parking during restricted parking period, see below.

Surely we should be able to fight this as the driver has not been identified and there cannot be a contract to park, once outside of the permitted parking period.
Why do you think this is a contract issue? The signage makes it clear that no parking is permitted from 22.30 to whenever. You parked there after 22.30. You were trespassing.

Or “your friend” was.

OldGermanHeaps

4,954 posts

201 months

And what loss was incurred because of this?

BlackTails

2,700 posts

78 months

Mammasaid said:
Please, spare me the moral high ground that some of you are sitting on. I'm just trying to help the driver for the heinous 'crime' of entering a free car park and parking for 23 minutes.
But it isn’t a car park between 22.30 and 6.00. It’s closed.

BlackTails

2,700 posts

78 months

OldGermanHeaps said:
And what loss was incurred because of this?
Who TF knows? There’s probably an argument over what the loss should be. The land owner will say it is the value of a notional permission to enter the land outside the offered terms. Ie £100.

I’m sure the OP could come up with some counter arguments. For his friend, obviously. Who also may or may not have been driving the car and may or may not have been trespassing. That caveat always gives the whole thing a nice shiny finish.

E-bmw

12,232 posts

175 months

OldGermanHeaps said:
And what loss was incurred because of this?
What makes you think there needs to be a "loss" for the clearly displayed terms to be enforced?

alscar

8,086 posts

236 months

Mammasaid said:
Please, spare me the moral high ground that some of you are sitting on. I'm just trying to help the driver for the heinous 'crime' of entering a free car park and parking for 23 minutes.
Given the no parking times which are pretty clear genuinely no idea how any mitigation is actually possible.I suppose you could try the emergency visit to a pharmacist routine.
I think the only practical “ help “ you can give the driver is to suggest they read the whole sign next time .

RSTurboPaul

12,785 posts

281 months

Did they park or did they drive continuously round in circles without stopping between the entry and exit pictures? tongue out

Bill

57,272 posts

278 months

Who actually reads the signs in every car park they go to? It wouldn't occur to me to check that a free car park had hours of operation.

(Also, how well lit are the signs??)

BlackTails

2,700 posts

78 months

RSTurboPaul said:
Did they park or did they drive continuously round in circles without stopping between the entry and exit pictures? tongue out
Wouldn’t matter though.

Cliftonite

8,676 posts

161 months

If I were evil enough to design a parking sign to trap unsuspecting people into paying me £100s I would be so proud if it worked as well as that devious one!

Surely this one is/should be deemed unlawful in view of the size and positioning of the all-important trap wording?

paul_c123

1,848 posts

16 months

BlackTails said:
But it isn t a car park between 22.30 and 6.00. It s closed.
I think everyone is in agreement that this is "private land".

Is the contract enforceable only in the designated hours or is it 24/7? And does it even need to be a car park, for the contract to be enforceable? Clearly, the land and its physical structures are unchanged from 22:59 to 23:01 (we don't know about a barrier, but let's assume that there is none, since the OP - or his driver - were able to exit) and one could accurately describe it as a 'closed car park' but it is still a 'car park'.



RSTurboPaul

12,785 posts

281 months

BlackTails said:
RSTurboPaul said:
Did they park or did they drive continuously round in circles without stopping between the entry and exit pictures? tongue out
Wouldn t matter though.
Wouldn't it?

What that approach would appear to create is a 'No entry' restriction during the hours set out as a 'no parking' period, if one was not even permitted to enter, read the signs within a reasonable time, then circulate and exit.

2 sMoKiN bArReLs

31,750 posts

258 months

Bill said:
Who actually reads the signs in every car park they go to?)
People who don’t get an invoice hehe


I drive a Ford Ranger and I always read the T&C top to bottom as there’s often a weight limit.

Mind, the throwback weight limit is often 1.8 tonnes, which excludes nearly all family size modern cars.