Frustration of contract

Spursmad

Although this may appear minor i feel that there is a principal involved

An NCP car park charges show  Mon-Sat  6.00

                                                    Sun         3.00

                                              Bank Holiday 6.00

It is also under TfL bylaws but the NCP sign does not mention this

A person parked there on Sunday 26 Dec

Now according to the   Banking and Financial Dealing Act 1971 which defines bank holidays in England as follows

Holidays under the Banking and Financial Dealings Act 1971.

In England, Wales and Northern Ireland the bank holidays are the following days and any other day that is proclaimed a bank holiday:

New Year's day (or the next available working day) has been proclaimed a bank holiday since 1974.

Good Friday.

Easter Monday.

Early May bank holiday. The first Monday in May has been proclaimed a bank holiday since 1978.

Spring bank holiday (the last Monday in May).

Summer bank holiday (the last Monday in August).

Christmas Day.

Boxing Day (if not a Sunday).

If a bank holiday is on a weekend, a "substitute" weekday becomes a bank holiday, normally the following Monday.

The machine should show a charge of 3.00. However it requested a payment of 6.00  The driver refused to pay the inflated charge and has now recieved a request for 60.00   i would like to take this to POPLA is there a good chance we woul

Umkomaas

This seems to have had airings on PePiPoo. Links to avoid duplication/repetition. 

http://forums.pepipoo.com/index.php?showtopic=142987

http://forums.pepipoo.com/index.php?showtopic=142766

Redx

I believe we have had a couple of these recently

As you say , the 2 bank holidays were Monday and Tuesday

Popla are a strange breed , so I would add in no keeper liability , POFA , no landowner authority , poor signage , frustration of contract , plus anything useful from the BPA CoP too , the CRA maybe , as well. 🤔🤔👍👍

Spursmad

POssibly but i wanted to keep this part separate  just in case the swinws are eading the pepipoo bit and as you can see it isa bit of a mismash esp as i am chasing them for a repayent as i paid twice for some elses car!!

One question  what is the CRA

KeithP

CRA = Consumer Rights Act 2015

Castle

The government agrees with you:-
UK bank holidays - GOV.UK (www.gov.uk)

Thrugelmir

Spursmad said:

The machine should show a charge of 3.00. However it requested a payment of 6.00  

Then surely the higher amount should have been paid and a refund requested. Instead you've failed to display a valid ticket. 

KeithP

Thrugelmir said:

Spursmad said:

The machine should show a charge of 3.00. However it requested a payment of 6.00  

Then surely the higher amount should have been paid and a refund requested. Instead you've failed to display a valid ticket. 

Can you please explain how you think a £6.00 ticket would be a valid ticket on a Sunday.

Spursmad

If the sign of charges on site shows 3.00 for Sunday parking AND the website confirms it, then if the machine thinks it is a bank holiday  because of the date  and wants to charge 6.00 then somewhere along the line something is wrong. The law states Sunday Dec 26 is  not a Bank Holiday.. NCP should  know this and the machine programmed accordingly. This is not a one off occurrence, it happens every 5/6 years when Xmas Day or Boxing Day fall on a Sunday
The driver did not want to pay an incorrect charge,and therefore 'frustrated' that the correct charge was not a choice. as they put it, What if the charge for a BH was £30 or £300 would you willing pay it? .In the old days when there were attendants. it could have been settled there and then. Paying it is one this getting it back is another, as i am finding out when i  double paid (once at the machine, and once at home )  3 weeks later they are still faffing about, asking for receipts and copies of bank statements. The driver is more than willing to pay NCP the three pounds. Something like this is not what NCP would like to go viral considering this could apply to everyone of their car park users on Dec 26. How much have they taken 'illegally'. A 'pub lawyer' said that they are obtaining money. either under false pretences  or by deception Be nice if that were the case  lol After all  ignorance of the law ( Banking and financial Act 1971) is no excuse, is it?

Coupon-mad

Complain to the BPA and your MP.  

Spursmad

WE have to appeal the PCN. luckily the notice was out of time plus it is non relevant land.so they cannot holder the RK liable soft appeal on those using Ostells letter then go for the jugular then with the frustration.at POPLA  i think there is a good chance of a win