'Entering into a contract just by responding' claims

grant_uk

On the local Facebook group I contribute to, there are fairly frequent requests for advice from people who have overstayed at a Lidl supermarket and received a PCN from Athena.

There are the usual flurries of 'ignore' posts, and I try to provide as clear advice as I can based on the information I've had from here over the years, as well as directing people here, or to the Prankster. Usually it's a case of taking proof of purchase to Lidl, who get the tickets cancelled without much more of an issue.

I try to advise that ignoring isn't a good idea as, Athena have 6 years to decide to do court after all, so it's better to get the ticket cancelled from the outset if possible.

I've had a couple of posters claim that no correspondence should be entered into at all, because this in itself apparently counts as acceptance of the contract. Now I can't see this being the case at all, but without much in the way of legal knowledge, I'm not very confident in my abilities to explain why it wouldn't be.

Can someone help elaborate so I can respond to this claim a little more effectively please?

waamo

How on earth does writing even begin to form a contract? There is no offer of anything. There is certainly no acceptance of any offer, just the opposite in fact, and clearly no goods or services provided.

They are woefully misinformed.

The_Deep

So if I write denying a contract exists, how am I confirming that one does?

waamo

Tell them any posts disagreeing with yours are contractually obligated to pay you £100. By their own logic they can't reply.

grant_uk

Well, yes, exactly. The claim is that the act of replying is tacit acknowledgement. My response should perhaps be that it's acknowledgement of the claim, not of its validity.

The_Deep wrote: »

So if I write denying a contract exists, how am I confirming that one does?

bargepole

grant_uk wrote: »

On the local Facebook group ...

I got as far as that, and stopped reading.

So-called social media sites are full of absolute drivel, and anyone who takes a blind bit of notice of any of the nonsensical legal opinions posted there, deserves everything they get.

StaffsSW

I used to contribute to a couple of local FB groups on parking tickets (VCS/Excel are based here and are very active), but it didn't take me long to realise that sometimes you just can't pro-actively help the stupid.

If somebody asks me for help I will, but offering help oftens ends up in a barrage of "ignore it hun nuffink they can do innit" posts.

grant_uk

I know you're right - can't seem to stop myself from piling in at the moment...

bargepole wrote: »

I got as far as that, and stopped reading.

So-called social media sites are full of absolute drivel, and anyone who takes a blind bit of notice of any of the nonsensical legal opinions posted there, deserves everything they get.

DoaM

grant_uk wrote: »

I've had a couple of posters claim that no correspondence should be entered into at all, because this in itself apparently counts as acceptance of the contract.

I get the same on our local FB page (in respect of the new Aldi supermarket car park that never previously had parking enforcement when it was a Coop/Scotmid). It doesn't matter how many times you correct them ... as above, you simply can't help the pathologically-stupid.

Next time I see such a post I might make the same contractual offer as in post #4.

Fruitcake

I've tried loads of times on parkingticketsmy@rse to help people, but most are a waste of my time. There are a couple of FMOT land types who spout absolute borax, and far to many who just say ignore it for whatever reason they can think of.

There is one persistant "ignore it" type because that's what he did and nothing ever came of it. He later mentioned that his vehicle was registered in Scotland. Well of course ignoring it worked for him, but it won't for others.

Far too many posters also use their real names, post unredacted PCNs, and say "I parked." These people really can't be helped if they can't be bothered to do any research before posting information that several billion people can see.

I have given up trying to help as I already have severe heart failure and don't want to trigger my built in defibrillator. It just makes me too cross to carry on. :mad:

... and relax.

The_Deep

Indeed Mr F. There seems to exist among the lower orders a level of stupidity which I have not detected in most of the other countries I have spent time in.