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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78670
Experience:  Over 5 years in practice
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Second opinion] I would like to ask a question regarding a

Customer Question

second opinion] Hello
JA: Hi. How can I help?
Customer: I would like to ask a question regarding a parking ticket.
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Mainland UK, Devon.
JA: Do you need to appear in court?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you.
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
Hello, I got a Private parking charge in the post today. I went to a car park that has recently installed ANPR. I was in the car park for no longer than 15 minutes after having to take an urgent call (my phone was not connected to handsfree) The signage when entering only states terms and conditions apply (Attached) however don't actually state the terms and conditions. Once you've entered the car park then only can you read the terms and conditions on another sign, however, it states on the sign inside the car park that by entering or parking on the premises you accept all of the terms and conditions. Surely that cannot be legally binding due to the fact you have to enter the premises to read them, yet they only note once you're already within the premises that by entering them you've already accepted the terms and conditions. That's like writing a contract for services and saying by reading this contract you accept the terms and conditions.
Expert:  Jo C. replied 10 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 10 days ago.

Are you asking if you are liable?

Customer: replied 10 days ago.
I guess I’m asking if I’m legally bound within the contract and if they can say “by entering the premises you accept these terms” when you have to enter them to even read them.
Expert:  Jo C. replied 10 days ago.

Thanksfor the information

It rather depends what term they are seeking toenforce.

There is case law on what parking means andthat is bringing a car to rest. Stopping to take a phone call would be adequate.

There isn't any case law on how long you haveto be there and of course this all relates to local council binding upon publicland anyway but we would expect that it would be greater than a fleetingmoment.

15 minutes is not a fleeting moment though.

I think there would be some force in yourargument if you did no more than enter the car park, read the terms andconditions and leave immediately but the problem is that that isn't whathappened here.

If you were there 15 minutes then that justtends to suggest that you either didn't read the terms and conditions or youaccepted them.

Obviously there are the standard private landfinding challenges but dealing with the question that you asked, that is myview.

Can I clarify anything for you?

Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.

Jo

Customer: replied 10 days ago.
Thank you Jo for your comprehensive response. Let me mull over this tonight and I’ll get back to you in the morning.Regards
Steven
Expert:  Jo C. replied 10 days ago.

No problem.

All the best.

Hopefully,I have answered your query in a way that is simple and easy to understand. Ifanything remains unclear, I will be more than happy to clarify it for you. Inthe meantime, thank you once again for using our services.

Remember that I am always available to help with your questions.Even if I am in Court I will usually pick up a question within12 hours. For future information, please start your question with ‘For Jo C’.You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Expert:  Jo C. replied 9 days ago.

Just like with an appointment in real life, or a job interview, a follow up is good practice: "Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!” Or if the customer is already satisfied: “I am glad I was able to help. Have a great day.