SMART ARSE PARKING SOLUTIONS v. BIGOT-JOHNSON (2018)
Another cowboy outfit. Another attempted scam. Another day in court for Bigot , who had entered a car park only to drive out minutes later , having failed to find an available parking bay.
Counsel for the plaintiff (CP) : This man.......a renown scourge of private car parking industry......entered my client's car park and then left without paying. This represents a clear breach of contract as Smart Arse Parking Solutions missed out on valuable ticket revenue , needed to help put food on the table for their impoverished directors' starving wives and children .
B-J : But I don't recall ever entering into a contract for which this alleged breach was supposedly based upon. No contract means no breach in my book.
Judge : Mine too......
CP : The contract is presumed to have been entered into as soon as the camera clocks your entry
B-J : No,,,,,,the contract is formed at the ticket machine when the terms and conditions have been read and accepted ....plate details entered ....and correct payment made for the intended length of stay.
CP : Ah... but the rules state that after 10 minutes of entering the car park , you are contractually bound for acceptance has taken place by way of performance .....along with the fact you failed to exit the car park within that permitted time.
B-J : So please correct me if I'm wrong..... a man say enters a book shop to look around and browse ....then decides not to make a purchase...... Are you saying he is legally bound to buy a product ? I think not. Neither is he a trespasser since he has been invited into that shop by virtue of all the invitations to treat displayed in the shop window.
B-J : But nothing......motorists are invited and welcomed onto car park sites. They all have a right to read the terms and conditions....for whatever time it takes to digest, interpret and understand what they mean....and then make a decision as to whether or not to enter into a contract. Motorists have a right to reject the offer to park there and leave without any legal obligations imposed upon them
B-J : But nothing.....a motorist who valiantly tries to find a parking space and then gives up has neither entered a contract nor caused the company any financial loss. When a car park is full maximum revenue has already been achieved. Moreover , at no point was his car parked up in a bay , because driving around looking for spaces hardly constitutes parking which has to be paid for. He too has a unfettered right to leave without fear of being sued for breach of contract .....or even trespass for that matter.
Judge : I agree.....this so called 10 minute rule is a nonsense and from what I have discovered there is no mention of it on the signage. Case dismissed with Smart Arse Parking Solutions to pay all of Bigot's costs.......which I hope are collossal