Observer wrote:
I would agree, if that's what had happened. But, AIUI, the deemed contract is payment of a parking charge if the vehicle is left for more than one hour. In this case, AIUI, Edbad did not park for longer than one hour so there was no question of a parking charge on that account. It appears that he has been 'fined' for (allegedly) parking incorrectly. That is the issue I was addressing. What breach has occurred if a person parks incorrectly?
Right, I'm with you now. Ultimately it depends on exactly what the signage says. It might say that you agree to pay £40 for parking outside of a marked bay, although this would be a bit controversial since that would mean they are actually offering the service of allowing you to park like that in exchange for the payment. So in theory you could block up their car park entrance, pay the £40 to do so, and leave it like that indefinitely, and they wouldn't be able to ask you to move or interfer with the vehicle, otherwise
they would be in breach of the contract. And that would be quite an insane situation.
There is also something called the 'contra preferentum' rule, which means that the person who has the privelege of drawing up the wording of an agreement should have any ambiguity interpreted against their interests. It applies to exclusion clauses and the like, but it might apply to something like this as well. If it did, it would mean 'outside marked bays' would have to be interpreted as narrowly as possible against the party who worded the sign: ie it would be interpreted only to mean in a totally different area to the bays, and not across two bays.