Today, 05:32 AM
I would add that according to the driver, the alleged requirement was to register the vehicle inside the leisure centre. However, the vehicle entered at approximately 22:47, when the leisure centre was closed, and no accessible alternative means of registration was apparent. Compliance with the alleged term was therefore impossible because of the operator’s own arrangements.
The signage did not clearly state that parking was prohibited whenever the premises were closed or explain how registration could be completed outside opening hours. The operator cannot reasonably allege acceptance or breach of a contractual obligation that was neither adequately communicated nor capable of performance. Any such term would, in any event, be unfair and non-transparent under the Consumer Rights Act 2015.
The operator may contend that the driver should have left immediately. That argument assumes, without evidence, that the registration requirement was clearly visible, adequately illuminated and understood at the material time.
According to the driver, no sufficiently prominent or legible signage conveyed any such restriction. The primary issue is therefore the absence of adequate notice; the fact that registration was apparently impossible while the premises were closed and is a separate and reinforcing failure in the operator’s alleged contractual arrangements.
The signage did not clearly state that parking was prohibited whenever the premises were closed or explain how registration could be completed outside opening hours. The operator cannot reasonably allege acceptance or breach of a contractual obligation that was neither adequately communicated nor capable of performance. Any such term would, in any event, be unfair and non-transparent under the Consumer Rights Act 2015.
The operator may contend that the driver should have left immediately. That argument assumes, without evidence, that the registration requirement was clearly visible, adequately illuminated and understood at the material time.
According to the driver, no sufficiently prominent or legible signage conveyed any such restriction. The primary issue is therefore the absence of adequate notice; the fact that registration was apparently impossible while the premises were closed and is a separate and reinforcing failure in the operator’s alleged contractual arrangements.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
