Kendal town centre

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mickymost said:
Can you link somehow to the legal case.Was the fine thrown out?
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I suspect it was Andy Strangman, but I don't have a reference. Yes, he took it to court and he won.
Remembering something happening is a lot easier than remembering a reference to it!
 
mickymost said:
16. No person shall use any part of the parking place or any vehicle left
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This is the essence of the matter. They could have said "any vehicle parked" but they didn't. "any vehicle left" does not include a vehicle you are still inside, because you haven't left it.
 
in h said:
This is the essence of the matter. They could have said "any vehicle parked" but they didn't. "any vehicle left" does not include a vehicle you are still inside, because you haven't left it.
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So personally would you park there and chance sleeping overnight? If a warden came early next morning would you be prepared to argue your case with him/her.Just asking?
 
I don't like sleeping in town centre car parks, so no, I would go to the Cricket Club, or a favourite spot a bit up the road.
There's no point in arguing with the car park warden. He's just doing his job Take the ticket and dispute it properly.
 
Canalsman said:
Note that the Off Street Parking Places Order referred to on the sign prohibits sleeping, camping, cooking or eating in a vehicle.
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It may do, but the sign that gives the rules makes no reference to the contents of that Order, so when you enter into a contract to use the service of their car park by paying, it is not any part of the contract that you adhere to those regulations.
 
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in h said:
This is the essence of the matter. They could have said "any vehicle parked" but they didn't. "any vehicle left" does not include a vehicle you are still inside, because you haven't left it.
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Personally I wouldn't risk it, but the scenario only works for vehicles arriving and leaving outside the payable hours otherwise presumably you would leave the vehicle to buy a parking ticket ......... 🤔
 
Obanboy666 said:
What’s the procedure for parking up at the cricket club ? Who do you pay ? Etc, etc.
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I was there after the lockdown was lifted and chatted to the club secretary who is a great auld geezer was just about to deposit my envelope with money when he drove in and gave me a great welcome ,chatted for a bit and he said hurry back no mention of it stopping
 
in h said:
This is the essence of the matter. They could have said "any vehicle parked" but they didn't. "any vehicle left" does not include a vehicle you are still inside, because you haven't left it.
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pretty weak, and to park then go to court to prove it, nah not for me thanks
 
Val54 said:
Personally I wouldn't risk it, but the scenario only works for vehicles arriving and leaving outside the payable hours otherwise presumably you would leave the vehicle to buy a parking ticket ......... 🤔
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If they managed to catch you asleep inside the vehicle whilst you had left it to buy a ticket, that would be a risk. But somehow I think that impossible.

Once you return to the vehicle with your ticket, it is no longer "left"
 
in h said:
If they managed to catch you asleep inside the vehicle whilst you had left it to buy a ticket, that would be a risk. But somehow I think that impossible.

Once you return to the vehicle with your ticket, it is no longer "left"
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Academic really, but any ordinary interpretation of the Council’s wording would mean that it only needed one act of leaving the vehicle, purchasing a ticket means you left the vehicle, whether you are back in it is irrelevant.
 
in h said:
If they managed to catch you asleep inside the vehicle whilst you had left it to buy a ticket, But somehow I think that impossible.
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How can you physically be in two places at exactly the same time? youre right thats impossible
 
Val54 said:
Academic really, but any ordinary interpretation of the Council’s wording would mean that it only needed one act of leaving the vehicle, purchasing a ticket means you left the vehicle, whether you are back in it is irrelevant.
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"Any vehicle left in a parking space" Their words, not mine.
To qualify, "it has to be a 'vehicle', it has to be 'left' and it has to be 'in a parking space'
Not "previously left"
You're right: this is academic, because the board shows the set of rules to follow, and this is not on that list.
 
Val54 said:
Academic really, but any ordinary interpretation of the Council’s wording would mean that it only needed one act of leaving the vehicle, purchasing a ticket means you left the vehicle, whether you are back in it is irrelevant.
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Even if you were asleep when you left it, you would not be sleeping 'in the vehicle'.
So sleepwalking to the ticket machine would be OK.
I don't accept that the vehicle is 'left' when you get back into it.
And I don't think any court would have a different opinion, particularly as the Andy Strangman case was specifically about the meaning of that word.
 
in h said:
"Any vehicle left in a parking space" Their words, not mine.
To qualify, "it has to be a 'vehicle', it has to be 'left' and it has to be 'in a parking space'
Not "previously left"
You're right: this is academic, because the board shows the set of rules to follow, and this is not on that list.
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It doesn't need to be "previously left" as "left" is in the last tense ......... but hey ho it matters not
 
For £5 the Cricket club is fine for overnight, easy walk into town. Not too far to rejoin the motorway after filling up with diesel just up the road at Morrisons
 
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