Season ticket or permit for parking does not guarantee parking space |
Helping the motorist get justice 
Helping the motorist get justice
Season ticket or permit for parking does not guarantee parking space |
 Fri, 20 Apr 2018 - 03:46
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#1
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Member Group: Members Posts: 3,770 Joined: 17 Mar 2013 Member No.: 60,602  |
It's very common in the T&Cs for a parking permit or season ticket for parking to state that a parking space is not guaranteed. Does this amount to an unfair contract term? Suppose the parking is oversold so by 09:00 there are no spaces free & a season ticket holder arrives every day at 09:05 thus the season ticket they have purchased is valueless. Are they due a refund or compensation when they need to pay for parking elsewhere?
There are usually similar clauses with rail or bus season tickets stating that a seat is not guaranteed but in this case the passenger can stand or catch a later train. In the case of airline tickets there are rules governing compensation for passengers who are bumped when seats are oversold. -------------------- 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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Fri, 20 Apr 2018 - 03:46
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Fri, 20 Apr 2018 - 05:52
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#2
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Member Group: Members Posts: 334 Joined: 1 Jul 2014 From: east sussex Member No.: 71,587 |
I think they can argue the car park is purely first come, first served.
Pre-payment is merely a convenient facility provided out of the goodness of thir hearts, by which customers hoping to park there can avoid the nuisance of having to find the correct amount of coins and a serviceable payment machine. And that's as far as it goes: no extra privileges earned by customers who avail themselves of this facility. If there's no space the contract is frustrated and you can get your money back. The question then arises, if you park at the end of a row (ie not in a bay) can you be liable for liquidated damages for breach of the Ts ans Cs when there was no contract? |
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Fri, 20 Apr 2018 - 06:05
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#3
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 Member Group: Members Posts: 56,261 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
I think it would depend on the circumstances, if the car park was massively oversold such that someone with a later arrival time could quite literally never get a space there would be an argument, if it happened once every few weeks then not.
It would be worth looking at preotections offered by the CRA, also you have the unfair terms and conditions aspect. -------------------- 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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Fri, 20 Apr 2018 - 06:14
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#4
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Member Group: Members Posts: 3,770 Joined: 17 Mar 2013 Member No.: 60,602 |
QUOTE (dramaqueen @ Fri, 20 Apr 2018 - 06:52)  If there's no space the contract is frustrated and you can get your money back. The question then arises, if you park at the end of a row (ie not in a bay) can you be liable for liquidated damages for breach of the Ts ans Cs when there was no contract? AFAIK if there is no parking space there is no possibility of a refund unlike a rail season ticket where if the train is cancelled or even late then the season ticket holder can claim a refund. As regards parking in breach of T&Cs when there is no space available the contract might have been frustrated on that day but it is still in place for the remaining period of the season ticket. -------------------- 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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Fri, 20 Apr 2018 - 10:21
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#5
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 Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Why is it unfair?
-------------------- 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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Fri, 20 Apr 2018 - 12:58
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#6
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Member Group: Members Posts: 3,770 Joined: 17 Mar 2013 Member No.: 60,602 |
QUOTE (southpaw82 @ Fri, 20 Apr 2018 - 11:21) Why is it unfair? Because the driver paying money in advance without any guarantee they will receive the service they have paid for just seems intrinsically unfair as the contract terms are imposed on the consumer . Imagine ordering goods online but receiving nothing because the retailer is out of stock but then also receiving no refund. -------------------- 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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Fri, 20 Apr 2018 - 13:19
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#7
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
QUOTE (nigelbb @ Fri, 20 Apr 2018 - 13:58) QUOTE (southpaw82 @ Fri, 20 Apr 2018 - 11:21) Why is it unfair? Because the driver paying money in advance without any guarantee they will receive the service they have paid for just seems intrinsically unfair as the contract terms are imposed on the consumer . Imagine ordering goods online but receiving nothing because the retailer is out of stock but then also receiving no refund. It's not quite the same because a parking is a service, not a good (it's not like you're buying the parking space). On the other hand, how could the parking provider guarantee a space? The only solution would be to have assigned parking spaces for certain permit holders, but for that to be viable the permit would have to cost thousands of pounds. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Fri, 20 Apr 2018 - 16:22
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#8
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
QUOTE (nigelbb @ Fri, 20 Apr 2018 - 13:58) QUOTE (southpaw82 @ Fri, 20 Apr 2018 - 11:21) Why is it unfair? Because the driver paying money in advance without any guarantee they will receive the service they have paid for just seems intrinsically unfair as the contract terms are imposed on the consumer . Imagine ordering goods online but receiving nothing because the retailer is out of stock but then also receiving no refund. It sounds like a sensible and reasonable business practice to me. -------------------- 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, 21 Apr 2018 - 15:01
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#9
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Member Group: Members Posts: 477 Joined: 1 Nov 2013 From: NG1 Member No.: 66,409 |
I have a season ticket to a car park near me, they have the same rule, no guaranteed space.
They used to allow you in with a season ticket when the car park was full so anyone who left, you just had to find their space. Good luck with that when several hundred cars can park there. In reality, it works well enough. The car park is rarely queuing up unless its Xmas or Saturday afternoon. Even then the queues are only 5 minutes or so. |
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