do 16 years olds have any right?

luckymandy

My son and his friend parked their motorbikes in a car park which belonged to a hotel. They are both 16, had seen the signs but thought they were bogus or fake. His friend had a homemade ticket on his bike when he returned my son didn't and thought it was just someone messing about. Yesterday he received a pcn (parking charge notice) from flashpark. I've read on other forums that because they are under 18 they don't have to pay because of legalities of a minor entering into a contract. I would be willing to pay something as obviously they shouldn't have parked there, but I think £85 each when they were in the same bay is a bit steep. They provided a photo to this affect. What should I do.

Nodding_Donkey

Nobody has to pay. Read https://forums.moneysavingexpert.com/discussion/4896178 all will be revealed

andy_foster

There is an additional issue in this case as the OP has alluded to - "minors can only contract for necessities". This is slightly misleading in 2 respects
- "necessities" in this context means anything of benefit to the minor, such as parking, but will not generally include damages clauses or exclusion clauses, and
- in fact they can also contract for things which are not classed as "necessities", but they are free to repudiate the contract - in effect the minor is not bound by a contract for things which are not classed as "necessities".

Coupon-mad

luckymandy wrote: »

My son and his friend parked their motorbikes in a car park which belonged to a hotel. They are both 16, had seen the signs but thought they were bogus or fake. His friend had a homemade ticket on his bike when he returned my son didn't and thought it was just someone messing about. Yesterday he received a pcn (parking charge notice) from flashpark. I've read on other forums that because they are under 18 they don't have to pay because of legalities of a minor entering into a contract. I would be willing to pay something as obviously they shouldn't have parked there, but I think £85 each when they were in the same bay is a bit steep. They provided a photo to this affect. What should I do.

Welcome to the forum. Please start again at square one and don't pass 'go' until you've read the 'PRIVATE PARKING TICKET? NEWBIES PLEASE READ THIS FIRST!' thread at the top:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Please read the top thread and get your son to show his friend how to appeal (the registered keeper appeals) and then how to win at POPLA like all these people did:

https://forums.moneysavingexpert.com/discussion/4911394

We have 100% record of winning appeals at POPLA stage, for over a year now. DO NOT LET YOUR LAD NOR HIS FRIEND, PAY THIS!

luckymandy

I'm sorry if any one thinks I've just asked the same old questons, but really my question was, is the fact he's only 16 significant? (I can't find anything on previous threads) Should I mention this on my 1st letter or just stick to the draft letter and use age if it goes any further?

Hot_Bring

It may be significant in the eyes of the law but that would only benefit you if it went as far as court. You'd be daft to let it go that far.

PPCs nor POPLA are going to consider it so you'd be better off just using the standard techniques to get them cancelled.

Guys_Dad

When making the initial appeal, I would add that the driver was 16 and under legal age to make a contract and declines to pay.

If they want to argue that in court, they are welcome to try but send a POPLA code any way.

With a bit of luck, they won't think it worth it.