Is the driver the one who parked, or the one who drove away?

Herzlos

Hypothetical question, but one I've been pondering for a while.

What happens if the person who parked the car isn't the one who left the car park? Say I park my car up and a family member with the other keys collects it and runs over the arbritrary limit, am I the 'driver' or is it the family member?

I'd be the one they claim entered into the contract, but I wouldn't be the one that violated it, so can I be held liable for a contract that I didn't breach, and can they be held liable for breaching a contract they didn't agree to?

Fruitcake

Herzlos wrote: »

Hypothetical question, but one I've been pondering for a while.

What happens if the person who parked the car isn't the one who left the car park? Say I park my car up and a family member with the other keys collects it and runs over the arbritrary limit, am I the 'driver' or is it the family member?

I'd be the one they claim entered into the contract, but I wouldn't be the one that violated it, so can I be held liable for a contract that I didn't breach, and can they be held liable for breaching a contract they didn't agree to?

I've been wondering the same thing; and what if a third driver moved the car to a spot nearer to a shop entrance in between?


What would the PPC do if the keeper provided all three names and contact details?

TDA

It would likely depend on the wording on the signs.

If they say 'maximum stay 3 hours' for example, the initial driver agrees not to stay longer than 3 hours and as long as he doesn't he can't be in breach. If he parked and then left, and someone else picked up the car and left 4 hours after he parked it, there would be no recourse for the PPC. There's been no breach by the party to the contract and you can't claim against the second individual who didn't park and therefore didn't accept any terms.

This is the basic rule of privity of contract - you can't sue, or be sued on, a contract that you are not a party to.

If the signage, however, said 'vehicles may not be left in this car park for more than 3 hours' then, for the same scenario, arguably the initial driver would be in breach. They agreed to the term when they parked the vehicle and they are the ones who have left it in the car park for longer than is permitted.

trisontana

It's the same over the "no return in x hours " rule when more than person has access to a car. Driver A uses a car park and then leaves. Driver B (unknown to driver A) uses that same car park within that prohibited time. So who has broken any rules?

TDA

trisontana wrote: »

It's the same over the "no return in x hours " rule when more than person has access to a car. Driver A uses a car park and then leaves. Driver B (unknown to driver A) uses that same car park within that prohibited time. So who has broken any rules?

No one, obviously.

The individual agrees to any contract, not the car.

trisontana

TDA wrote: »

No one, obviously.

The individual agrees to any contract, not the car.

Try telling that to parking Eye who have pursued drivers over this even when they have been told the facts of the case.

TDA

trisontana wrote: »

Try telling that to parking Eye who have pursued drivers over this even when they have been told the facts of the case.

Parking Eye's inability to grasp the concept doesn't change the fact it's how the law works.

Are we talking about cases where they have been provided with pretty conclusive evidence that this was the case? As we know, in Scotland telling the PPC the 'facts' of the case (that you are the keeper, weren't driving and do not know who was driving) may not actually be telling them the 'facts' of the case if we are being honest.

Castle

Good one to try at a Motorway service station when you ask your passenger to move your car after one hour and 59 minutes out of the car park and back again.

hoohoo

Castle wrote: »

Good one to try at a Motorway service station when you ask your passenger to move your car after one hour and 59 minutes out of the car park and back again.

...although to do that would involve a round trip of several miles, seeing as they define the 'car park' as the whole service station.

Guys_Dad

Contract if it existed would be with person who drove in. If Registered keeper was unable to determine this hypothetical situation, then they couldn't nominate driver and POFA would apply.