DEFINITION OF PARKING
GOTCHA PARKING SERVICES v. BIGOT-JOHNSON (2018)
Bigot was now looking to rattle a few more cages belonging to these notorious private parking companies. Needless to say his latest stunt brought about another unwarranted PCN . which of course Bigot refused to pay. His day in court had arrived and the scene was set for another triumph to savour and relish.
Counsel for the plaintiff (CP): This devious reprobate .....this nasty spiteful litte man had the blatant audacity to enter the car park ........only to leave his car there all day without paying for a ticket. Consequently , my client was seriously out of pocket.
B-J : Yes....I didn't pay for a ticket...... because no way was I parked up on his site for even a single minute.
CP : Your honour the car was first photographed entering the car park at 8-45 am and then on leaving the site at 6-40pm. Total parking time........ 9 hours 55 minutes.
B-J : My car.....your Honour ......was not parked up at all if one looks at the strict mean of the term " parking ". Parking involves bringing a vehicle that one is driving to a halt , leaving it temporarily and typically in a designated bay or car parking area for a specific period of time. To be in a designated bay the car has to be on the ground in order to occupy it. In my case none of these requirements were present.
Judge : I'm perplexed......please explain
B-J : Firstly , on entering the site I allowed my three passengers to disembark the vehicle before inflating a huge balloon which was attached to the roof of the car. This balloon eventually lifted the car into the air. A rope from the car had been attached to a metal fence so as to anchor the car in fixed raised position , 30 feet up from a parking bay and several metres away from the fence. So at no time was I parked up in a bay........just simply hovering above it. Moreover the car was constantly moving to and fro in the air, whilst I remained inside.
CP : Ah....you were still in effect on the site..... which surely to God includes the ground below and the air space above.
B-J : Yes.....but by using the air space above and having no contact with the ground.....the vehicle in question had ceased to be a car ........indeed it had been converted into an air balloon
CP: This is ridiculous.......
Judge : And so is your claim against BIgot.....without proof of actual parking.....there is no merit in this claim.....case dismissed.