Private Parking PCN - Age 17?

BrettBlade

To cut a long story short, parked my car in a small retail park on matchday that had Bensons for Beds and a disused MFI store. I'd parked in front of the MFI store that had closed a while back, but I don't see this being any defence.

I've done quite a bit of research into this, and found that in law they can only recover damages/loss through breach of contract, and not enforce what is clearly a penalty (£60), particularly considering that the MFI store is disused and there were many, many parking spaces available for other customers (therefore no possible loss to be incurred due to not being a P&D?).

The signs in the car park were clearly visible outlining the terms etc., and it was against my better judgement to park there, but a friend of mine said his mum parked there every home game and had never got a ticket, presumably because MFI had been closed down (stupid of me, I know!).

I am also led to believe that as this is not a criminal matter (this is definitely a PPC), the only action they can take is county court for breach of contract? However, am I right in thinking that because I'm under the age of 18:

1. I cannot enter a binding contract (such as to accept parking conditions)... and
2. I cannot have a civil case brought against me in county court?

Any feedback on this would be greatly appreciated.

Many thanks,
Brett.

N9eav

This thread is on a similar line. It suggests ignore them.... read on

Altarf

BrettBlade wrote: »

am I right in thinking that because I'm under the age of 18:

1. I cannot enter a binding contract (such as to accept parking conditions)... and
2. I cannot have a civil case brought against me in county court?

People under 18 can legally enter certain contracts and be sued if they breach them. http://www.gillhams.com/dictionary/444.cfm gives a good explanation.

I will leave it to others to debate the legality and enforceability of parking contracts.

BrettBlade

Altarf:

Just read through the link you've given me, surely the parking would be a "convenience" and not a "necessarie"? This may just be me trying to find a loophole though, as I was clearly capable of understanding the terms of the contract.

Also, taken from netlawman.co.uk,

"Further, a contract with a minor is void able. The minor is able to cancel any contract at any time prior to reaching the age of majority and for a reasonable period after that time. There is no requirement for the minor to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to the child to do so."

N9eav

If you came back to find a clamp instead of a ticket on your car, what would you do then?

BrettBlade

N9eav:

The signs that were up said nothing about clamping, so I would've probably been better off (in terms of appeal) if I had been clamped, despite the immediate inconvenience!

peter_the_piper

Just ignore them and any of their junk mail.
By the way its a lot easier to ignore them than get your money back after clamping.

oldone_2

Brett what is the PPC that issued the charge invoice?

PPC's have different business models when chasing up unpaid charges, some give up fairly quickly, others persist for a long time. With the name of the PPC it may be possible to give you a timescale for when they finally leave you alone.

Experience shows that if you do not commun icate with them at all, then the giving up will be a lot quicker than if you wrote/spoke to them.

BrettBlade

oldone:

It's TPS (Total Parking Solutions, totalparking.co.uk)

Cheers,

Brett.

oldone_2

Others with more experience will fill in the details, but as far as I know, TPS give in fairly easily. If you ignore them you will probably get two or three final demands in red ink before they give up.
Don't communicate with them at all. If you enter into any correspondence it will encourage them and drag out the conclusion.

If you are at all worried at any stage, just post here the letters you receive for further confirmation that it is safe to ignore.

Altarf

BrettBlade wrote: »

Altarf:

Just read through the link you've given me, surely the parking would be a "convenience" and not a "necessarie"? This may just be me trying to find a loophole though, as I was clearly capable of understanding the terms of the contract.

Quite possibly or possibly not. Whether parking your car is a "necessary" is something that would probably employ a number of lawyers for some time. For example you would probably think that a designer jacket was not a "necessary". But in Nash v Inman (1908) a tailor sued a minor to whom he had supplied clothes, including 11 fancy waistcoats. It was decided that, as the minor was an undergraduate at Cambridge University at the time, the clothes were suitable according to the minor's station in life. Unfortunately for the tailor, however, it was further decided that they were not necessary, as he already had sufficient clothing.

I was just answering the point where you said that minors cannot enter into a binding contract. They can, but as you can see, only for "necessaries".

BrettBlade wrote: »

Also, taken from netlawman.co.uk,

"Further, a contract with a minor is void able. The minor is able to cancel any contract at any time prior to reaching the age of majority and for a reasonable period after that time. There is no requirement for the minor to have a justifiable reason for this, it can be done on a whim or where it may be advantageous to the child to do so."

That would be the case if it was not a contract for "necessaries", so back to the first point, is it a "necessary".

Anyway, as before, I will leave others to advise on your best course of action.