Could this be frustration of contract |
Could this be frustration of contract |
Wed, 20 Nov 2019 - 19:27
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#1
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Member Group: Members Posts: 277 Joined: 29 Aug 2017 Member No.: 93,755 |
Just a tech question...just in case
Driver parked in Royal Surrey Hosp Guildford yesterday There are pay by card or cash machines, input reg and no need to return to car Machine 1 refused payment on two separate cards Machine 2 accepted payment and then declined it With regards to machine 1 driver kept the rejection slips, machine 2 he took pictures They then went to reception and reported that payment is being refused and the girls made a note of patients name and said they would let the PPC know When the driver returned to car nothing was on car, ( but they dont know if it is patrolled or ANPR) I said this sounds like frustration of contract, am i on the right track just in case appeals to hospital to cancel fall on stony ground, and the PPC CP plus so i am informed, decide to play hardball |
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Wed, 20 Nov 2019 - 19:27
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Thu, 21 Nov 2019 - 08:13
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#2
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
Because of the configuration of entrances and exits, I think it's still patrolled, rather than ANPR.
Anyway, why didn't you park in the adjacent Tesco car park, and get your 3 hours free parking, just like everyone else does :-) |
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Thu, 21 Nov 2019 - 09:08
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
You can't 'patrol by ANPR' you 'control by ANPR'. If the reg number has to be entered when paying it's a dead cert it's an ANPR operation.
Frustration of contract is an argument, the counter argument is that the driver should have left once they realised they couldn't complete the contract by paying. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 21 Nov 2019 - 10:41
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
. Frustration of contract is an argument, the counter argument is that the driver should have left once they realised they couldn't complete the contract by paying. Indeed. I often have difficulty with an OP who seeks the protection of an equitable doctrine (as I recall frustration is) while at the same time having happily taken advantage of a “freebie”. -------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 23 Nov 2019 - 13:27
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#5
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Member Group: Members Posts: 277 Joined: 29 Aug 2017 Member No.: 93,755 |
Slithy.
We used to use Tesco ,but ran the three hours close a couple of times due to treatment problems, plus it always seemed to piddle down when Mrs bob had an appt.! |
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Sat, 23 Nov 2019 - 13:37
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
I would say there was no contract to frustrate. (If a contract hadn't been entered into by conduct - depends on the length of the 'stay')
-------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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