Parking law- question

jamh2000

So this is kind of an idle question- but I really can't find an answer!

When you buy a parking ticket, you enter into a legally binding contract- there is offer, acceptance, and consideration from both parties (you PAY, they give you a space)- intention to create legal relations is imputed.

But what if you don't buy a ticket in the first place? You have then not given any consideration. How can there be a contract?

Anyone know the answer?

PS as I said this is an idle question- I'm not trying to justify parking without paying!

The_Deep

Have you posted this on Legal Beagles?


http://legalbeagles.info/forums/forum/legal-forums/motoring-parking

Loadsofchildren123

The ppc claims you have entered into the contract by parking. The terms of the contract are set out in the signage: so if the sign says "if you park here without doing x, y or z, then you agree to pay £100" and they then give you a parking charge notice for £100.
The question is then whether the wording on the signage, and how that signage has been displayed/brought to your attention, is sufficient to create a contract.

jamh2000

That's all true but the requirement for both parties to give consideration is a fundamental tenant of UK contract law. What have you 'given' the landowner by parking, if you have not paid for a ticket? There cannot be an exception to the requirement for consideration- surely something you do is being interpreted as giving consideration?

I didn't know there was a legal beagles section- will have a look.

jamh2000

Perhaps you are promising to pay by parking, and that's enough. But why have a requirement for consideration at all, if it can just be 'inferred' in certain situations when you haven't actually given it.

Coupon-mad

legal beagles is a website forum, Google it and join!

That's all true but the requirement for both parties to give consideration is a fundamental tenant of UK contract law. What have you 'given' the landowner by parking, if you have not paid for a ticket? There cannot be an exception to the requirement for consideration- surely something you do is being interpreted as giving consideration?

Read the Supreme Court's decision in Beavis, this was explained and they felt there was consideration in that case, where Mr Beavis accepted an offer to park under licence for 2 hours free, then pay a huge charge! If the Supreme Court twisted contract law to make it work for PE/Capita, then another court would in most PPC cases.

IIRC the Consideration from Barry Beavis was deemed to be a 'promise' not to overstay (read it!)

Unless the signs actually say 'NO PARKING'. Clearly no elements of a contract or consideration flowing there!

Johno100

jamh2000 wrote: »

That's all true but the requirement for both parties to give consideration is a fundamental tenant of UK contract law. What have you 'given' the landowner by parking, if you have not paid for a ticket? There cannot be an exception to the requirement for consideration- surely something you do is being interpreted as giving consideration?

I didn't know there was a legal beagles section- will have a look.

jamh2000 wrote: »

Perhaps you are promising to pay by parking, and that's enough. But why have a requirement for consideration at all, if it can just be 'inferred' in certain situations when you haven't actually given it.

Afraid Beavis drove a coach and horses through those tenets of contract law (when it comes to parking at least).

System

you PAY, they give you a space

You might find that the promise you were given was you paid not for parking but a parking option i.e. you can park in a parking space if one is available.

Typically on Rail sites, hospital sites and some commercial sites you are not even guaranteed a space.

Nice income if you can get it.

Afraid Beavis drove a coach and horses through those tenets of contract law (when it comes to parking at least).

I'll have to disagree with you on that one as you've clearly not read the Beavis transcript nor understood the concept of a secondary contract / useful penalties.

Two key tenets of law are the "sanctity" of property and a contract.

nigelbb

jamh2000 wrote: »

So this is kind of an idle question- but I really can't find an answer!

When you buy a parking ticket, you enter into a legally binding contract- there is offer, acceptance, and consideration from both parties (you PAY, they give you a space)- intention to create legal relations is imputed.

But what if you don't buy a ticket in the first place? You have then not given any consideration. How can there be a contract?

Anyone know the answer?

PS as I said this is an idle question- I'm not trying to justify parking without paying!

In other circumstance intentionally not paying for goods or services would be enforced by criminal law. In PPC World contract law has been twisted to levy private "fines" as the business model of PPCs depends on wringing charges out of drivers not being paid by landowners to manage parking.

This bizarre & corrupt business model is unique to the parking "industry". An analogy would be a cinema that "fines" customers a hundred times the price of the ticket if they are caught sneaking in without paying or have paid but stay sat in their seats after the showing waiting to watch the film all over again.

System

This bizarre & corrupt business model is unique to the parking "industry".

The next time you book into a hotel, check the term about smoking in a room. Current rate at Holiday Inn is £100 to clean it. The Beavis case has not percolated in other areas yet - apart from hotels - but it has much wider applications.

When it was described as a "landmark" case, IMHO it was an understatement.

The_Deep

The next time you book into a hotel, check the term about smoking in a room. Current rate at Holiday Inn is £100 to clean it.

Surely this is an unfair term in a consumer contract.