Advice please on case regarding contracting with minors

rippedoff16

Hi There
I am after a bit of advice please, hoping someone can help
I will set the scene
*17 Year old son, new to driving visits a fast food joint drive thru, pulls over in car park for 10 mins eats his food, fails to validate a ticket then leaves. he did this 2 nights running
* 2 X PCNs arrive for £100 each
* we appealed to Parking Company and it got rejected
* we appealed to POPLA on basis of contract law. i.e a 17 year old, not commercially mature, is a Minor etc. Minors are able to void contracts on grounds of misunderstanding etc, this does not apply to contracts for necessaries eg, Employment, Accommodation etc
*POPLA rejected this stating that parking is a necessary

My question is this, UK contract law is quite specific, I feel that POPLA have misinterpreted this and as such I will not be paying the charge. I cannot find anyone else using this part of contract law as a defence and I am pretty sure that the parking company may not want to pursue in the courts for fear of setting a precedent ( i.e if they lose then all 17 year old drivers could use this as an angle)

I now have 28 days to pay ( so the parking company say) before they take legal and recovery action.

does anyone think I have a good chance here, is it worth me pursuing ?

would be grateful if anyone knows of other cases

nosferatu1001

No, you can contract for neccessities when under 18. This is indeed clear. ]

Which company is it?

rippedoff16

I am aware that under 18 you can contract for necessities, however is Parking a Necessity ?

glentoran99

rippedoff16 wrote: »

I am aware that under 18 you can contract for necessities, however is Parking a Necessity ?

Its pretty necessary unless you have a hover car

rippedoff16

Ok Thanks, I was using the guidance below. But you seem to state otherwise

“The general law states that contracts entered into by children that are for necessaries are binding on children, as are those for apprenticeship, employment, education and service where they are rightly said to be for the benefit of the child.
Contracts for necessaries are for such things as the supply of food, medicines, accommodation and clothing, but conveniences and products and services for comfort or pleasure are excluded, as are commercial or 'trading' contracts. These latter contracts are therefore voidable at the option of the minor.”

Snakes_Belly

They might be on dangerous ground if they start to use debt recovery agents against a 17 year old.

Half_way

who's car park ?

rippedoff16

It was a McDonalds Car Park

KeithP

Even if you were right to believe they cannot touch a minor, there is absolutely nothing stopping them waiting until he is 18 years old and pursuing him then.

They have up to six years (in England and Wales) to chase an alleged debt through the courts.

Your son is now at the Ignore Debt Collectors stage.
Post #4 of the NEWBIES FAQ sticky thread offers good guidance on how to deal with debt collectors' letters.

rippedoff16

KeithP wrote: »

Even if you were right to believe they cannot touch a minor, there is absolutely nothing stopping them waiting until he is 18 years old and pursuing him then.

They have up to six years (in England and Wales) to chase an alleged debt through the courts.

Your son is now at the Ignore Debt Collectors stage.
Post #4 of the NEWBIES FAQ sticky thread offers good guidance on how to deal with debt collectors' letters.

I am aware, but again the law states that a Minor is able to Void the contract whilst a Minor and for a reasonable period afterwards. I forgot to mention that he has also written to the Parking company advising them that he is exercising his right to Void the contract. I think the law applies to his age at the time and not when he is 18. i.e he was incapable of understanding the terms when he was 17 so waiting 6 years would make no difference

KeithP

Where does that quote in post #5 come from?

Is it just someone's interpretation of the law?