Free Traffic Legal Advice
General discussion => News / Press Articles => Topic started by: stamfordman on August 10, 2024, 11:04:22 am
-
Is it the contractual price for picking up passengers, or is it the "liquidated damages" for breach of a contract (although contract to do what is not exactly clear - no different than any other bare prohibition).
-
That the existence of byelaws might preclude the formation of an enforceable contract against the driver* isn't an argument I've heard before, although IANAL.
It is one I have raised before on Pepipoo, how can you contract to pay a charge to allow you to do something illegal? How can they offer a charge to allow you to commit a criminal offence in exchange for a 'bribe' not to report it? It goes against all common sense principles. Of course it's irrelevant for BPA members as you'll win at POPLA on non PoFA and irrelevant for the IAS as the won't uphold it anyway. But I'd certainly use it in court where applicable.
-
When airport cases pop up in the private parking forum here, the usual advice is that the byelaws mean that the land is subject to statutory control, and is therefore not 'relevant land' for the purposes of Schedule 4 of the Protection of Freedoms Act.
This in effect means the operator cannot recover any charges from the keeper.
That the existence of byelaws might preclude the formation of an enforceable contract against the driver* isn't an argument I've heard before, although IANAL.
*That might not be what the lawyer who was interviewed was suggesting, I'm always wary of drawing conclusions from newspaper quotes on these sort of things.
-
Update:
https://www.theguardian.com/money/2024/sep/14/airport-parking-fines-bristol-unenforceable-bylaw
-
It appears that this case is in the private parking forum.
https://www.ftla.uk/private-parking-tickets/vcs-bristol-airport-pcn-for-'stopping-to-pick-updrop-off-a-passenger'-at-a-tempo/
-
I think the issue would be that on the surface it looks like she just jumped in at the temporary lights as she was passing, however if he was going to the collection area to get her, why didn't she wait there?
Seems an odd 'coincidence'.
In a similar fashion, Birmingham and East Midlands make it known that setting down and picking up in the petrol station is also liable to a penalty.
-
Does a driver magically contravene the conditions because of the actions of an external actor.
They have temporary lights that keep getting shifted around due to construction works. I often see folk jumping in or out when they are red.
-
so, what has he been given a charge for? stopping or picking up passengers?
-
Drivers say they are ‘incredulous’ after receiving ‘absurd’ charges for picking up or dropping off passengers
https://www.theguardian.com/money/article/2024/aug/10/airport-parking-charge-passengers