Offer of amended terms and conditions by Driver

Jaystoke

Newbie here but taking great interest in all the successful appeals.

What struck me, though, is whether it is possible to propose an amended set of terms and conditions through a notice left on the vehicle dashboard. These effectively say along the lines of:

Amended Terms and Conditions of Parking
The Driver accepts and agrees the normal terms of parking on the relevant land (ie – any sums that are not Parking Charges is defined in the British Parking Association Code of Practice) and has parked the vehicle in good faith with no intention to breach those conditions. Any Parking Charge as defined under the Code advertised by the Operator are considered to be unfair terms of contract and liquidated damages which are punitive and do not accurately reflect a genuine pre-estimate of loss or are not commercially justifiable.
If the Operator does not accept the amended terms of parking as counter offered, please contact the Keeper immediately. Driver/Keeper liability will then be capped at any proven loss suffered to the time that the vehicle is no longer in breach of the parking conditions.
Offer to mitigate further loss
If the vehicle is not parked in accordance with normal terms of parking on the relevant land, the Driver invites the Operator to contact the Keeper to ensure that further potential loss or costs can be mitigated. The Driver and Keeper will not accept liability for any further potential loss or costs incurred through any refusal by the Operator to cooperate with this reasonable request; and will be considered vexatious, punitive and uncooperative to unreasonably reject this genuine invitation to mitigate any breach of contract.
The Operator agrees to not pursue any further costs he decides to incur
Offer to settle
If the vehicle is parked in breach of the conditions, a genuine offer of £2.50 is made by the Driver on condition that the Operator can provide strict proof thereof on request that they hold a live and current contractual agreement with the landowner; the amount can be amended if proven that the initial loss suffered by the breach is higher. Please contact the Keeper to accept.

(then a fee schedule and keeper contact details)



I accept that this couldnt be used for ANPR.

What does this do? Well, it shows genuine offer, consideration and acceptance. You have considered the offer, made a counteroffer await acceptance. If the Operator comes along and doesn't accept, you invite them to contact the keeper. If they dont contact the keeper, it can be deemed accepted. Also, if the notice is left on the dashboard, it should be lit enough to see; and any photos that the operator takes of the PCN issued would also show the notice.

It also says...before you start issuing PCN's and incurring other costs...lets nip it in the bud now. I'll pay you for whatever costs I'm due to up to this point (ie - parked over time limit, I'll pay for the new ticket). But if you don't accept this offer to settle immediately, I'm not going to be liable for any costs you decide to incur when you have no genuine reason to reject the offer.

It acknowledges that a breach may have occurred, and you're willing to pay for any genuine loss suffered - but only if it is proven that they have authority to do so, and meet the conditions that they stipulate themselves.

It also keeps a very clear distinction between Driver and Keeper. the Driver parked there, but any communication you make is with the Keeper.

There are so many of these POPLA appeals where it says the PPC submits a schedule of loss including time to process notices etc - so, lets get something where we make an offer before they decide to go down that process.

Needs some working at the moment, but what do people think?

Marktheshark

A £500 contract set up fee would be a better notice.

Dublindel

Read the unfair contracts act 1999. You will find that you are acting correctly under section 5 a, to negotiate the contract.