Age of driver |
Age of driver |
Sun, 4 Nov 2018 - 16:21
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#1
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Member Group: Members Posts: 20 Joined: 26 Oct 2018 Member No.: 100,623 |
Quick question regarding PCN's.
As they are allegedly issued as breaches of contract, if the driver is 17 hears of age, would that not excuse them from this as they are not able to create a contract? |
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Sun, 4 Nov 2018 - 16:21
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Sun, 4 Nov 2018 - 16:32
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#2
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
SP will know the details, but IIRC there are exceptions; old enough to drive a car - old enough to be treated as an adult for PPC purposes.
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Sun, 4 Nov 2018 - 16:42
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#3
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Indeed, as Peter says, my understanding is that for people to drive they frequently have to enter contracts/ be treated as an adult, as such they can enter them both for their benefit and to their detriment.
-------------------- 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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Sun, 4 Nov 2018 - 17:06
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#4
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Contract for necessities...
Is this an active case or simply a hypothetical question? There may be plenty of other angles... -------------------- 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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Sun, 4 Nov 2018 - 17:17
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#5
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
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Sun, 4 Nov 2018 - 20:00
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#6
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
My understanding is that the infant is liable for contracts for necessaries
The Sale of Goods Act 1893 S.2 defines these as "goods suitable to the conditions in life of such an infant... and to his actual requirements at the time of sale and delivery" A court can decide that there's nothing unusual about a seventeen year old owning a car and that he can contract for the normal items and services required to run it There might be an angle that the section says that "where necessaries are sold or delivered to an infant... he must pay a reasonable price therefor" This might create a problem for a parking company that describes its notices as contractual charges rather than penalties where the test, according to the Supreme Court, is whether they're grossly disproportionate |
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Sun, 4 Nov 2018 - 22:18
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#7
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Member Group: Members Posts: 20 Joined: 26 Oct 2018 Member No.: 100,623 |
Honestly this is just a hypothetical question.
If a driver under the age of 18 WAS given a PPC for instance, how could it be enforced? Surely not through form of a CCJ? And found this: "Contracts for necessaries are for such things as the supply of food, medicines, accommodation and clothing, but generally speaking conveniences and products and services for comfort or pleasure are excluded, as are commercial or 'trading' contracts. These latter contracts are therefore voidable at the option of the minor. Consequently, whether the minor may avoid a contract they have entered into depends on the nature of that contract. Contracts where the minor may avoid the effect of the contract are for the acquisition of a legal or equitable interest in property of a permanent nature - so shares, land, marriage and partnerships would all be included here. Other contracts, however, require positive ratification in order to be enforceable, which includes contracts for debts and the sale of goods that are not for necessaries. The ratification must take the form of an acknowledgement that the debt is binding after attaining the age of 18." Reference https://www.gillhams.com/site/library/legal...agreements.html |
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Sun, 4 Nov 2018 - 22:31
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#8
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Member Group: Members Posts: 3,124 Joined: 8 Feb 2013 Member No.: 59,842 |
Unless a live case, one for the Flame Pit. Ask a Mod to move.
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Mon, 5 Nov 2018 - 10:28
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#9
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Member Group: Members Posts: 20 Joined: 26 Oct 2018 Member No.: 100,623 |
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Mon, 5 Nov 2018 - 11:17
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#10
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Member Group: Members Posts: 4,126 Joined: 31 Jan 2018 Member No.: 96,238 |
Use the Report button
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Mon, 5 Nov 2018 - 13:11
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#11
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
If a driver under the age of 18 WAS given a PPC for instance, how could it be enforced? Surely not through form of a CCJ? Why not? Contracts are enforced via the county court which result in a county court judgement. -------------------- 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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