ParkingEye-v-Beavis Appeal: Date Set

salmosalaris

Marktheshark wrote: »

The POFA was flawed in that is makes a keeper responsible for a contract negotiated by a driver and the keeper has never even read the contract let alone agreed it.
Bit like saying if you lend someone your lawn mower and they take a contract on to pay someone for cutting the grass instead with your mower, the person lending the mower is responsible for the contract as it was his mower.
That was seriously flawed and has to be illegal in many ways.

I agree it goes against centuries of contract law but as it is legislation it is hardly illegal .
All POFA does is pass liability for a lawful unpaid parking charge to the RK provided certain requirements are met .

atilla

TDA wrote: »

The fact that you've not got much value for your money doesn't change the fact that the nature of paying to park is that of a day to day transaction.

Not exactly going to be hard for PPCs to intruduce a facility for payment at point of use is it.

Nigelbb you are assuming we are still discussing a breach model. We are talking about the ppcs having changed their signs to comply with a contractual charge model. The doctrine of penalties only applies to breach

That will very likely depend on the landowner/supermarket etc.
Not necessarily straight forward.

Half_way

This has already been thrown into the mix, and its also been successfully used:
If a contractual fee is a disguised penalty then its un enforceable.
that is if it can be argued that the whole point of the contractual charge is to act as a deterrent then its a penalty.
walks like a duck, talks like a duck

salmosalaris

Half_way wrote: »

This has already been thrown into the mix, and its also been successfully used:
If a contractual fee is a disguised penalty then its un enforceable.
that is if it can be argued that the whole point of the contractual charge is to act as a deterrent then its a penalty.
walks like a duck, talks like a duck

It is the obvious riposte , it is not a genuine offer

TDA

atilla wrote: »

That will very likely depend on the landowner/supermarket etc.
Not necessarily straight forward.

A number on the sign which you could call to make payment would likely suffice?

Regarding disguised penalties, perhaps, but the Court of Appeal certainly didn't seem to have a problem with the proposed model on Monday - if the offer on the signs is sufficiently clear and certain I'm not sure they will strike such a charge down.

halibut2209

Marktheshark wrote: »

The POFA was flawed in that is makes a keeper responsible for a contract negotiated by a driver and the keeper has never even read the contract let alone agreed it.
Bit like saying if you lend someone your lawn mower and they take a contract on to pay someone for cutting the grass instead with your mower, the person lending the mower is responsible for the contract as it was his mower.
That was seriously flawed and has to be illegal in many ways.

Not quite. The person lending the mower is only responsible if he refuses to say who he lent the mower to. An important distinction.

Marktheshark

halibut2209 wrote: »

Not quite. The person lending the mower is only responsible if he refuses to say who he lent the mower to. An important distinction.

Which is a crock of **** refuse to say who you lent your pen to and you become responsible for any contracts signed by that pen even if you never read a word of the contract ?

It is bad legalisation that was poorly thought out pandering to crooks and thieves and if it conflict other legislation and case law then it will eventually fall.

Computersaysno

What's your point??

jemgee

Getting back to the appeal !

Wonder when the judgement will appear

enfield_freddy

judging by the way the BPA have allowed PE not only to stop issuing POPLA codes , and the fact that POPLA will not prosses any in the system , there statement was


on one occasion "28 days and on another occasion , nothing till may 2015.


if parking eye win , this is what will greet you when you wander in the high street


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