Contractual payment charge

bazster

I can see scope for argument about whether these regs apply to any given contract but, where they are applicable to a contract, anyone who argues that the regs don't confer the right to cancel the entire contract in certain circumstances, even after the service has been fully performed, simply hasn't read them properly.

Like I said earlier, what on earth would be the point of consumer protection regulations if the trader could simply turn round and say "yeah I broke the regs, no I didn't get an express request for the service, no I didn't give any information about cancellation rights, but the job's done now so tough".

bazster

The_Deep wrote: »

Oh I can read Mr B, very well in fact, you do not get an Oxford MA and pass the Foreign Office exams if you are illiterate you know.

How about you try to be less of a !!!!!! and I will try to be less snippy.

If you can read how about proving it by reading these regs before passing comment on them?

The_Deep

If you can read how about proving it by reading these regs before passing comment on them?

I made no comment, I asked a question. I shall be happy to engage you in a battle of wits when the other half of your army has returned from basic training.

Fruitcake

bazster wrote: »

Yes you are. There never is a contract with the keeper. POFA 2012 doesn't require the keeper to enter into a contract, it makes the keeper liable for a contract entered into by the driver.

Got it, thanks.

Guys_Dad

bazster wrote: »

You disappoint me GD. For someone who is normally so ridiculously pedantic, on this occasion you are reading what you want to read and not what the regulations actually say. There's no point in discussing this further unless you are going to read the regulations with your eyes open.

That is a bit beneath you, bazster. You have given your reading of the regulations but have no proven backing or case law for your interpretation.

Your interpretation is actually contrary to common sense. We can agree on whether or not a contact has been formed - and you can see from previous posts of mine that I don't support that one has.

Your initial post on this says "However, if you assert that there is a contract, please note the following:" and it is with that pre qualification in mind that I made my comment.

The simple point is that if there was a contract then it was a time-limited one that applied to the period of parking and is not ongoing. The service would have been rendered and one party alone can not cancel a contract that is not currently in force. You can dispute it, deny it, or any verb that could be applied post-event, but not, in my view, cancel.

If any legally qualified person tells me that I have it wrong, then I am happy to go with their informed opinion, but as you proudly proclaim "I am an anti-enforcement hobbyist with little or no legal training" then what we have are two laymen opinions and if an when a court is asked to decide on this, then we will know, but until then, my interpretation is as valid as yours with the slight advantage of being more common sense.

salmosalaris

And my non legal opinion sides with GD.
Before a DJ arguing that I had cancelled a parking contract days, weeks or months after accepting the offer of it by performance and then completing it is frankly ludicrous . If that was my single defence point I'd have more confidence in purchasing a consignment of Arthur Daley's rain damaged umbrellas.
I'll be happy to be proved wrong though

salmosalaris

Limits of application: general

6. (1) These Regulations do not apply to a contract, to the extent that it is—

(c)for the creation of immovable property or of rights in immovable property;

Discuss

salmosalaris

and from the guidance on the regs

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/310044/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

H.6. As well as contracts wholly exempted from the regulations, a number of
online and off-premises contracts do not attract cancellation rights. These
include:
o Services which have been fully performed (i.e. completed).

this is hopeless IMHO, I really do not think we should be encouraging defendants to use potentially frivolous and unproven defences that could actually damage their credibility by making them out to be a smart-!!!!

bod1467

What about the EU directive guidance/notes which specifically mention parking contracts as being included within this right to cancel? (The law/reg being discussed is based on the EU directive). If the regs don't specifically exclude parking contracts then by inference the EU directive guidance applies (IMHO).

salmosalaris

The example they give is of rental of a parking space into the future , not cancelling one after the contract has completed .
Please , this defence point is utterly and completely hopeless and will get defendants into bother if they try and use it