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Could this be frustration of contract
bobthesod
post Wed, 20 Nov 2019 - 19:27
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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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post Wed, 20 Nov 2019 - 19:27
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The Slithy Tove
post Thu, 21 Nov 2019 - 08:13
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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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The Rookie
post Thu, 21 Nov 2019 - 09:08
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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.


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southpaw82
post Thu, 21 Nov 2019 - 10:41
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QUOTE (The Rookie @ Thu, 21 Nov 2019 - 09:08) *
.

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”.


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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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bobthesod
post Sat, 23 Nov 2019 - 13:27
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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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Jlc
post Sat, 23 Nov 2019 - 13:37
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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')


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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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