tag:blogger.com,1999:blog-3050188067980163727.post3186406660868336992..comments2024-02-21T09:25:42.645-08:00Comments on Parking Prankster: Can motorists take action against the British Parking Association for failing to provide a proper appeals service?Parking Pranksterhttp://www.blogger.com/profile/15270922602703929291noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-3050188067980163727.post-34979030193044608852015-12-30T06:17:24.415-08:002015-12-30T06:17:24.415-08:00You could perhaps make that argument but to me it ...You could perhaps make that argument but to me it comes across as rather disingenuous and I fear a court would approach it in the same way.<br /><br />The issue from my point of view is that there doesn't seem to be any intention to create legal relations - the reality of the exchange is that one party is seeking to have a charge overturned by appealing to the other party. The parties' correspondence could not, in my opinion, genuinely be said to have been intended by both parties as the negotiation of contractual terms.<br /><br />I'm also not crystal clear on what consideration the motorist offers - if there is indeed a contractual offer what benefit is to be gained by the company by virtue of the motorist 'accepting' the offer by appealing to POPLA? POPLA is not binding on the motorist and therefore of no benefit to the company. <br /><br />There are a couple of other issues that spring to mind with regard to clarity of offer but I think the above means it is somewhat moot. <br /><br />It is certainly an interesting and creative angle to approach the circumstances from though.Mickhttps://www.blogger.com/profile/05719812171607782078noreply@blogger.comtag:blogger.com,1999:blog-3050188067980163727.post-30898088862149127142015-12-30T04:32:54.791-08:002015-12-30T04:32:54.791-08:00Is the contractual offer not cusually ontained in ...Is the contractual offer not cusually ontained in the notice of appeal rejection though? The NTD/K is nothing to do with that.Parking Pranksterhttps://www.blogger.com/profile/15270922602703929291noreply@blogger.comtag:blogger.com,1999:blog-3050188067980163727.post-35583175971625403902015-12-30T04:27:36.064-08:002015-12-30T04:27:36.064-08:00And where again the notice to driver remains a sta...And where again the notice to driver remains a statutory document required by schedule 4 and can hardly be said to be a contractual offer?Mickhttps://www.blogger.com/profile/05719812171607782078noreply@blogger.comtag:blogger.com,1999:blog-3050188067980163727.post-33404830279487632492015-12-30T02:46:31.207-08:002015-12-30T02:46:31.207-08:00What about when the PCN is a claim for damages ari...What about when the PCN is a claim for damages arising from trespass or any other tort. In these situations there is no original contract! Castlehttps://www.blogger.com/profile/03172598313130029974noreply@blogger.comtag:blogger.com,1999:blog-3050188067980163727.post-45997509467293548282015-12-30T01:02:06.941-08:002015-12-30T01:02:06.941-08:00Interesting. Not entirely convinced there is a sec...Interesting. Not entirely convinced there is a second contract separate from the original parking contract though. The Notice to Driver is a statutory document required by Schedule 4 of POFA 2012 (and as part of this, it must refer to available forms of ADR), it is not a contractual offer. Mickhttps://www.blogger.com/profile/05719812171607782078noreply@blogger.com