Tesco Car Park Ticket

Jez_Wolf

Justontime - it is not a fine - do not pay anything.

"Disabled spaces" have no meaning on private land.

If you pay their invoice, you will be falling victim to a scam.

molerat

Firstly write to the manager of the Tesco store explaining the situation and how it is affecting their health. If no joy then the local paper about how Tesco is persecuting a frail old disabled couple, they will love that.

sarahg1969

molerat wrote: »

Firstly write to the manager of the Tesco store explaining the situation and how it is affecting their health. If no joy then the local paper about how Tesco is persecuting a frail old disabled couple, they will love that.

Yes, feel free to contact Tesco, but don't contact the PPC because they will just keep bothering you to pay, and if you're not made of stern enough stuff, you may feel inclined to fall for their scam.

jdan9

Not wishing to alarm the OP, and please don't all flame at me, I'm just tentatively putting this notion out. I touched very lightly on car parks and private contracts in my contract module this year...

If there was a sign at the entrance to the car park to the effect of "by entering this car park you agree to the following terms...... parking in a marked disabled bay will attract a charge of £30", and if acceptance of this contract by conduct (i.e. by entering the car park) could be proved, could the subsequent imposition of such a charge not be a legally enforceable private contract, which the company could pursue through the civil courts?

Can any law brainboxes on here who know more about this tell me if I'm thinking on the right track...?

Coblcris

search the forum about proprietary rights. revise your course notes about 'the offer'.
It is possible for a private ticket to be upheld but I have never seen one that has the correct elements. And all the paperwork I have ever seen from PPC is unlawful, much of it illegal. When do you do Consumer law and Fraud ?

jdan9

Coblcris wrote: »

search the forum about proprietary rights. revise your course notes about 'the offer'.
It is possible for a private ticket to be upheld but I have never seen one that has the correct elements. And all the paperwork I have ever seen from PPC is unlawful, much of it illegal. When do you do Consumer law and Fraud ?

I don't stray outside the mystery shopping threads much.

I get your point about the offer, the case law I have in mind has a clearer offer than in this situation...

Fraud is probably next year, I think consumer law is an optional third year module. Which I'm quite keen on taking personally!

bargepole

jdan9 wrote: »

If there was a sign at the entrance to the car park to the effect of "by entering this car park you agree to the following terms...... parking in a marked disabled bay will attract a charge of £30", and if acceptance of this contract by conduct (i.e. by entering the car park) could be proved, could the subsequent imposition of such a charge not be a legally enforceable private contract, which the company could pursue through the civil courts?

Can any law brainboxes on here who know more about this tell me if I'm thinking on the right track...?

In theory, the above is correct, however the contract could only be deemed to have been entered into by the driver at that time.

If no contact is made with the PPC, they will get the name of the registered keeper (who may or may not have been driving) from the DVLA. The PPC would then have try and prove in court that he or she was driving, i.e. establish privity of contract.

It just isn't worth the time or expense of doing that, especially if the defendant who turns up in court isn't the person in their photo. That's why they prefer to scare people with quasi-legal threatening letters instead.

Spartacus_Mills

jdan9 wrote: »

Not wishing to alarm the OP, and please don't all flame at me, I'm just tentatively putting this notion out. I touched very lightly on car parks and private contracts in my contract module this year...

If there was a sign at the entrance to the car park to the effect of "by entering this car park you agree to the following terms...... parking in a marked disabled bay will attract a charge of £30", and if acceptance of this contract by conduct (i.e. by entering the car park) could be proved, could the subsequent imposition of such a charge not be a legally enforceable private contract, which the company could pursue through the civil courts?

Can any law brainboxes on here who know more about this tell me if I'm thinking on the right track...?

When I studied contract law for a contract to be formed it has to be the exchange of promises between two parties, consideration. IE you will sell me your car and I will pay £5,000. There is no contract here as the Driver has paid nothing. There is no contract here implied or otherwise.

The law of trespass could apply however, as was the case in a recent case highlighted on Pepipoo, the PPC does not own the land so cannot claim trespass on it.

jdan9

Spartacus_Mills wrote: »

When I studied contract law for a contract to be formed it has to be the exchange of promises between two parties, consideration. IE you will sell me your car and I will pay £5,000. There is no contract here as the Driver has paid nothing. There is no contract here implied or otherwise.

It didn't even occur to me when thinking about it that this was in fact a free car park! You're absolutely right of course, there is no consideration here.

Neil_B

justontime wrote: »

Thanks everyone, I think we will have to pay up when the 'fine' comes, because they couldn't cope with the worry and I couldn't cope with them being that worried!

this is going to be harsh I'm afraid.

Thanks very much for wasting everyones' time. Thank yourself and them also for the next few victims of 80+ years who are also all law abiding and very anxious citizens.

PS. please send me £200 - because of the clause i have on having to read pointless posts. If you fail to pay the amount

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