PARKING IN AN UNAUTHORISED AREA
GOTCHA PARKING SERVICES v. BIGOT-JOHNSON (2018)
Bigot was at it again. Entering a very busy shopping precinct car park managed by infamous Gotcha Parking Services , he noticed an empty bay which had the added benefit of a shelter. Not surprisingly he seized this golden opportunity to park up , only to receive a PCN several days later for contravening the company's terms and conditions. This area was supposedly reserved for trollies and was therefore out of bounds. Parking in an unauthorised area
Counsel for the plaintiff : This case your Honour has to be the most open case ever. His blatant disregard for the company's terms and conditions beggars belief. His outrageous behaviour represented a grotesque mistchief, causing havoc to all the other car paark users looking for places to find and return their trollies.
B-J : I don't recall breaking any rules
Judge : Well....... what did the signage say ?
B-J : The board by the ticket machine did mention parking restrictions in bays designated for blue badge holders and disabled people. And yes.... mention was also made of other out-of-bounds areas designated for taxi-ranks and delivery vehicles. In addition to that there were markings on the tarmac which clearly indicated other no-go areas......but the bay under the shelter was neither mentioned in the signage or marked out as a restricted area. So the truth is obvious...... their terms and conditions did not include restrictions concerning these sheltered bays.
CP : The man was a fool not to recognise these covered spaces were there for trolly pick-ups and drop-offs.
B-J : I saw no trollies at all in the one I parked my car in....... so I naturally assumed the space was open for use as a parking bay ...... : with a quirky shelter thrown in for good measure. Motorists need to shelter their cars when flocks of pigeons are about....
CP : This man knew what excactly mischief he was up to.......he flouted the rules
Judge : Your client brings thousands of cases to court relying on the terms and conditions to allege petty.... sometimes spurious.... breaches. But if there is no term.....whether by oversight or omission.... there can be no breach. Since Bigot had not been made aware that his slick and crafty behaviour represented a violation he was free to do what he did
CP : How can you believe Bigot....he's a complete lunatic
Judge : Or someone just off his trolly....... so to speak
CP : Yes.......
Judge : That may be so.....but common sense and sanity will be the basis on which my decision will be made...........therefore the case is dismissed