what's the "consideration" in free private parking? |
what's the "consideration" in free private parking? |
Sat, 5 Jan 2019 - 22:19
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#1
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Member Group: Members Posts: 2,053 Joined: 20 May 2013 Member No.: 62,052 |
What consideration is the driver deemed to have given in return for the offer of free parking by a PPC? I presume there must be one - or Beavis would have easily won - but it's not obvious to me what it is.
This is an "idle curiosity" post unrelated to any specific thread. |
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Sat, 5 Jan 2019 - 22:19
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Mon, 7 Jan 2019 - 19:02
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#21
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Presumably you'd still make a claim for a given amount even if the cause of action arose under trespass, no? Not unless I could prove the sum claimed, no. -------------------- 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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Mon, 7 Jan 2019 - 22:11
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#22
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Member Group: Members Posts: 1,825 Joined: 16 Nov 2008 Member No.: 24,123 |
This bending of contract law is necessary to maintain the fiction that motorists enter into a contract for free parking & thus confirm that PPCs are able to “fine” motorists to enforce their rules. On the flip side you could say that absent such bending on contract law, there would be no free parking as commuters would park in such places all day knowing that nothing can be done about it, which would result in such free spaces ceasing to be free. As Andy noted above it's simple enough to have a peppercorn amount as consideration then there is no need to contort contract law. Most free parking at retail premises could be managed with a ticket system with entry & exit barriers. Insert a coin & take a ticket on entry (T&Cs printed on the back). Genuine customers get given an exit token at the checkout. Those without a token have to pay the published parking fee to exit. A system of entry & exit barriers would not be as cheap as a PPC providing a "free" service but it would be unequivocally lawful & fair & should just be regarded as part of the price of doing business. Thornton. |
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Tue, 8 Jan 2019 - 06:26
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#23
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Member Group: Members Posts: 3,768 Joined: 17 Mar 2013 Member No.: 60,602 |
This bending of contract law is necessary to maintain the fiction that motorists enter into a contract for free parking & thus confirm that PPCs are able to “fine” motorists to enforce their rules. On the flip side you could say that absent such bending on contract law, there would be no free parking as commuters would park in such places all day knowing that nothing can be done about it, which would result in such free spaces ceasing to be free. As Andy noted above it's simple enough to have a peppercorn amount as consideration then there is no need to contort contract law. Most free parking at retail premises could be managed with a ticket system with entry & exit barriers. Insert a coin & take a ticket on entry (T&Cs printed on the back). Genuine customers get given an exit token at the checkout. Those without a token have to pay the published parking fee to exit. A system of entry & exit barriers would not be as cheap as a PPC providing a "free" service but it would be unequivocally lawful & fair & should just be regarded as part of the price of doing business. Thornton. In my vision of parking Utopia the T&Cs would of course be displayed on a notice adjacent to the ticket machine at the barrier. Having the T&Cs printed on the back of the ticket is so motorists would have a copy of the T&Cs to keep. -------------------- British Parking Association Ltd Code of Practice(Appendix C contains Schedule 4 of POFA 2012 ) & can be found here http://www.britishparking.co.uk/Code-of-Pr...ance-monitoring
DfT Guidance on Section 56 and Schedule 4 of POFA 2012 https://www.gov.uk/government/uploads/syste...ing-charges.pdf Damning OFT advice on levels of parking charges that was ignored by the BPA Ltd Reference Request Number: IAT/FOIA/135010 – 12 October 2012 |
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