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Advice please on case regarding contracting with minors

1235

Comments

  • Yes, a 17 year old would have the capacity to understand. Please try to avoid setting the rights of teenagers back to the days of Agar-Ellis in the cause of getting out of a parking ticket.

    No one is trying to set the rights of teenagers, but clearly in this case My son made the same mistake twice, this surely demonstrates that he didn't have the capacity to understand the implications of the contract, had he realised that he was going to be faced with a £200 bill on top of the cost of his big mac and Fries I can assure you he would have validated his ticket. This practice prays on the errors people make and that is why minors are protected by contract law. Yes he has the capacity to drive and yes needs to accept all the laws that go along with that, but no where along the way was he taught about the rogue unregulated commercial practices of these companies, neither through schooling or through his driving tuition.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 8 August 2018 at 7:58AM
    The fact remains that your son bought food in a restaurant and ate it in their free car park.

    IMO, no judge in the land is going to award the scammer damages for breach of contract. All the debate about his age is otiose. Let us keep a sense of proportion here please.
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587
    First Anniversary Photogenic Name Dropper First Post
    Forumite
    but no where along the way was he taught about the rogue unregulated commercial practices of these companies, neither through schooling or through his driving tuition.

    The problem is that regardless of age, the problem only
    hits home when they get a ticket

    Even a driving instructor could not explain the problem
    if they have never experienced it

    From a new driver to an OAP, this unregulated industry
    can strike at any time
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I agree with Beamish, caveat emptor!
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    The fact remains that your son bought food in a restaurant and ate it in their free car park.

    IMO, no judge in the land is going to award the scammer damages for breach of contract. All the debate about his age is otiose. Let us keep a sense of proportion here please.


    Thank you and that is why I am now confident enough to see this through.

    Not sure the Parking Company will want to test this in court, could open the floodgates for many more cases
  • Quentin
    Quentin Posts: 40,405 Forumite

    Not sure the Parking Company will want to test this in court, could open the floodgates for many more cases
    Some do and some don't


    For whatever reason you have refused to answer the question which company you are involved with


    Presumably you have checked yourself whether or not they currently take court action!
  • All the debate about his age is otiose
    I agree it's a red herring and have provided illustrative authority as to why that point us likely to fail. He's well capable of entering into a parking contract.

    Focus on age (your worst point) and you risk not doing justice to the far better arguments such as:

    1. The signs are rubbish/too small/poorly located
    2. He was a customer
    3. It's onerous and no one pointed out the terms and/or reminded him to enter details etc.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Johnersh wrote: »
    I agree it's a red herring......
    From the OP's response to #43 it seems at last that he/she agrees the age defence is a dead end


    (Though now seems to think these people won't dare try court over these breaches of the contract by a paying customer!)
  • Quentin wrote: »
    Some do and some don't


    For whatever reason you have refused to answer the question which company you are involved with


    Presumably you have checked yourself whether or not they currently take court action!

    apologies, I thought the advice was not to mention directly who the company is as they are known to trawl these forums ?
  • Quentin
    Quentin Posts: 40,405 Forumite
    Don't know where you saw that advice (what did you think the reason was when you were asked the question originally?)

    Whatever, what makes you now say they won't take court action now the futility of the age issue has been accepted??
This discussion has been closed.
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