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  • FIRST POST
    • grant_uk
    • By grant_uk 19th May 17, 2:13 PM
    • 127Posts
    • 136Thanks
    grant_uk
    'Entering into a contract just by responding' claims
    • #1
    • 19th May 17, 2:13 PM
    'Entering into a contract just by responding' claims 19th May 17 at 2:13 PM
    On the local Facebook group I contribute to, there are fairly frequent requests for advice from people who have overstayed at a Lidl supermarket and received a PCN from Athena.

    There are the usual flurries of 'ignore' posts, and I try to provide as clear advice as I can based on the information I've had from here over the years, as well as directing people here, or to the Prankster. Usually it's a case of taking proof of purchase to Lidl, who get the tickets cancelled without much more of an issue.

    I try to advise that ignoring isn't a good idea as, Athena have 6 years to decide to do court after all, so it's better to get the ticket cancelled from the outset if possible.

    I've had a couple of posters claim that no correspondence should be entered into at all, because this in itself apparently counts as acceptance of the contract. Now I can't see this being the case at all, but without much in the way of legal knowledge, I'm not very confident in my abilities to explain why it wouldn't be.

    Can someone help elaborate so I can respond to this claim a little more effectively please?
Page 1
    • waamo
    • By waamo 19th May 17, 2:23 PM
    • 2,018 Posts
    • 2,437 Thanks
    waamo
    • #2
    • 19th May 17, 2:23 PM
    • #2
    • 19th May 17, 2:23 PM
    How on earth does writing even begin to form a contract? There is no offer of anything. There is certainly no acceptance of any offer, just the opposite in fact, and clearly no goods or services provided.

    They are woefully misinformed.
    This space for hire.
    • The Deep
    • By The Deep 19th May 17, 2:28 PM
    • 7,006 Posts
    • 6,078 Thanks
    The Deep
    • #3
    • 19th May 17, 2:28 PM
    • #3
    • 19th May 17, 2:28 PM
    So if I write denying a contract exists, how am I confirming that one does?
    You never know how far you can go until you go too far.
    • waamo
    • By waamo 19th May 17, 3:08 PM
    • 2,018 Posts
    • 2,437 Thanks
    waamo
    • #4
    • 19th May 17, 3:08 PM
    • #4
    • 19th May 17, 3:08 PM
    Tell them any posts disagreeing with yours are contractually obligated to pay you £100. By their own logic they can't reply.
    This space for hire.
    • grant_uk
    • By grant_uk 19th May 17, 3:36 PM
    • 127 Posts
    • 136 Thanks
    grant_uk
    • #5
    • 19th May 17, 3:36 PM
    • #5
    • 19th May 17, 3:36 PM
    Well, yes, exactly. The claim is that the act of replying is tacit acknowledgement. My response should perhaps be that it's acknowledgement of the claim, not of its validity.

    So if I write denying a contract exists, how am I confirming that one does?
    Originally posted by The Deep
    • bargepole
    • By bargepole 19th May 17, 3:37 PM
    • 2,070 Posts
    • 5,891 Thanks
    bargepole
    • #6
    • 19th May 17, 3:37 PM
    • #6
    • 19th May 17, 3:37 PM
    On the local Facebook group ...
    Originally posted by grant_uk
    I got as far as that, and stopped reading.

    So-called social media sites are full of absolute drivel, and anyone who takes a blind bit of notice of any of the nonsensical legal opinions posted there, deserves everything they get.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 28. Lost 9.
    • StaffsSW
    • By StaffsSW 19th May 17, 3:41 PM
    • 5,361 Posts
    • 5,394 Thanks
    StaffsSW
    • #7
    • 19th May 17, 3:41 PM
    • #7
    • 19th May 17, 3:41 PM
    I used to contribute to a couple of local FB groups on parking tickets (VCS/Excel are based here and are very active), but it didn't take me long to realise that sometimes you just can't pro-actively help the stupid.

    If somebody asks me for help I will, but offering help oftens ends up in a barrage of "ignore it hun nuffink they can do innit" posts.
    <--- Nothing to see here - move along --->
    • grant_uk
    • By grant_uk 19th May 17, 4:03 PM
    • 127 Posts
    • 136 Thanks
    grant_uk
    • #8
    • 19th May 17, 4:03 PM
    • #8
    • 19th May 17, 4:03 PM
    I know you're right - can't seem to stop myself from piling in at the moment...

    I got as far as that, and stopped reading.

    So-called social media sites are full of absolute drivel, and anyone who takes a blind bit of notice of any of the nonsensical legal opinions posted there, deserves everything they get.
    Originally posted by bargepole
    • DoaM
    • By DoaM 19th May 17, 4:16 PM
    • 3,198 Posts
    • 3,241 Thanks
    DoaM
    • #9
    • 19th May 17, 4:16 PM
    • #9
    • 19th May 17, 4:16 PM
    I've had a couple of posters claim that no correspondence should be entered into at all, because this in itself apparently counts as acceptance of the contract.
    Originally posted by grant_uk
    I get the same on our local FB page (in respect of the new Aldi supermarket car park that never previously had parking enforcement when it was a Coop/Scotmid). It doesn't matter how many times you correct them ... as above, you simply can't help the pathologically-stupid.

    Next time I see such a post I might make the same contractual offer as in post #4.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Fruitcake
    • By Fruitcake 19th May 17, 4:23 PM
    • 40,304 Posts
    • 80,504 Thanks
    Fruitcake
    I've tried loads of times on parkingticketsmy@rse to help people, but most are a waste of my time. There are a couple of FMOT land types who spout absolute borax, and far to many who just say ignore it for whatever reason they can think of.

    There is one persistant "ignore it" type because that's what he did and nothing ever came of it. He later mentioned that his vehicle was registered in Scotland. Well of course ignoring it worked for him, but it won't for others.

    Far too many posters also use their real names, post unredacted PCNs, and say "I parked." These people really can't be helped if they can't be bothered to do any research before posting information that several billion people can see.

    I have given up trying to help as I already have severe heart failure and don't want to trigger my built in defibrillator. It just makes me too cross to carry on.

    ... and relax.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • The Deep
    • By The Deep 19th May 17, 5:52 PM
    • 7,006 Posts
    • 6,078 Thanks
    The Deep
    Indeed Mr F. There seems to exist among the lower orders a level of stupidity which I have not detected in most of the other countries I have spent time in.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 19th May 17, 6:16 PM
    • 50,101 Posts
    • 63,484 Thanks
    Coupon-mad
    "ignore it hun nuffink they can do innit"
    That sums it up. Some people just cannot be helped. Did we used to have as many stupid people in this country as we now do? I tend to think the dumb are getting dumber and there are more of them.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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