Kendal town centre

in h

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Can you link somehow to the legal case.Was the fine thrown out?
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!
 

in h

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16. No person shall use any part of the parking place or any vehicle left
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.
 

mickymost

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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.

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?
 

in h

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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.
 

in h

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Note that the Off Street Parking Places Order referred to on the sign prohibits sleeping, camping, cooking or eating in a vehicle.
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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Val54

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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.
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 ......... 🤔
 

The laird

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What’s the procedure for parking up at the cricket club ? Who do you pay ? Etc, etc.
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
 

landoboguy

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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.
pretty weak, and to park then go to court to prove it, nah not for me thanks
 

in h

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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 ......... 🤔
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"
 

Val54

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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"
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.
 

mickymost

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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.

How can you physically be in two places at exactly the same time? youre right thats impossible
 

in h

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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.
"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.
 

in h

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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.
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.
 

Val54

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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.
It doesn't need to be "previously left" as "left" is in the last tense ......... but hey ho it matters not
 

jann

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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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