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Found 2 results

  1. Hi I'm new to forums. I dropped an air passenger off at Liverpool Airport's "Express Drop Off" zone, in a car park that I could not avoid as it was on the end of a No Stopping road. I was stopped for 30 seconds. When I went to the barrier to leave they demanded £2 and went on about a contract and a sign on the road which I had not seen and more .... after about 20 minutes I snapped the barrier by pushing it out of the way and went to leave in my car. The car park called the Police who asked very similar questions about a contract. Now I've investigated and found PoFA S54 and do not like the idea that a person can detain me on the grounds that they demand that I have agreed to a contract of which I am unware. Oh my defence for snapping the barrier is that I was trying to prevent a crime. No further action. So I've begun the Practice Directions pre-action letters and get a reply from the car park supervisor. They have a ParkMark accreditation, but don't bother to display T&Cs, as required. No T&Cs = no contract, not just for me but to anyone. They detained me for 45 until cops let me go. I asked the cop if he was recording his trying to coerce me into agreeing to a contract. He was. Snapping the barrier was proportionate and reasonable in the circumstances cos I felt trapped. Does anyone know where they got the right to detain me from cos it ain't S54(3) PoFA 2012? No one should be confused into accepting a nonsense contract, that is not on offer, by hostile, sneering people claiming that a sign on a 40 m.p.h. road which is only in view for 3 seconds as it flies past means you've agreed a contract and pay up to leave. Already found, item 24 Sch 1 unfair terms, signage is substandard and does not conform to BPA, Fraud by false representation and abuse of position. Thanks in advance. I know I'm a nuisance but I don't want other people barracked like I was.
  2. Surely a PPC cannot cause you to be detained if for example you had insufficient funds or no money as the PoFA does state that the invoice can be posted to the registered keeper. Perhaps you entered only to find that the car park is full. Is the following correct or is there other legislation overriding this? Section 54(2) is subject to the provisions in S.54(3) (PoFA) which effectively provide an exception for barrier operated car parks. Where a driver has given express or implied consent to the movement of his or her vehicle being restricted by a fixed barrier (for example by his or her entering a privately operated car park), no offence will be committed where the driver is prevented from leaving the car park by a fixed barrier which remains in place because the driver has not paid the requisite parking charges (provided the barrier was present when the vehicle was parked, but regardless of whether the barrier is subsequently lowered into place).
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