Parking charge notice?

[pe-goose]

I went to park and use the app, set it to 2hrs as I've done many times before and clicked pay and set off. An hr and 20 mins later checked to see how long I had left, it said time expired. I checked and it I def put 2hrs down so has to be an app issue. However panicking I showed my dad, he said put another 2 on and contact them. I stood there and put another 2hrs, paid....and again it only put another hour instead of 2. So I contacted the app ppl, didnt get a reply for 2 days and yesterday got a £100 fine saying stayed 20mins too long. After explaining all the details to paybyphone they said they wernt allowed to void as its run by a different company, and i had to contact the other conpany. Will they make me pay?

[atticus]

Ask the app company to give you an explanation that you can send to the parking company when you write.

[charitynjw]

Post up the parking charge notice, front & rear, redact personal info, leave all times & dates visible.
Also post up a clear legible photo of the site sign t&c's.

[pe-goose]

as in the website/parking site?

[pe-goose]

I dont have a pic of the site signs t&c, i did it through paybyphone app, also i noticed the times are wrong. My app, i paid as soon as i pulled up was 11:40 and it decided to give me 1 hr so end 12:40, however on the letter it says 11:35? which is incorrect

[charitynjw]

I dont have a pic of the site signs t&c, i did it through paybyphone app, also i noticed the times are wrong. My app, i paid as soon as i pulled up was 11:40 and it decided to give me 1 hr so end 12:40, however on the letter it says 11:35? which is incorrect

We need to also see the parking sign terms & conditions in the car park where the contravention allegedly took place.

[pe-goose]

The very left hand side is missing, I didnt realise id taken a photo, best I can do for now as working

[pe-goose]

dam shrunk it quality is terrible

[pe-goose]

best i can do is a link to it https://ibb.co/mCqNDnf

[pe-goose]

Went after work, these are better

[charitynjw]

Went after work, these are better

Unlike PE to mess up.
Those signs fail to create a contract.
No offer made, so no contract, so no breach.
The warning of a £100 charge is more akin to a penalty, which is not allowed in contract law.
There is something in the tiny print at the bottom of the sign, but imho it is not prominent enough to escape Lord Denning's Red Hand Rule.[1]


[1] Thornton v Shoe Lane Parking Ltd [1970] EWCA Civ 2
https://www.bailii.org/ew/cases/EWCA/Civ/1970/2.html

"All I say is that it is so wide and so destructive of rights that the Court should not hold any man bound by it unless it is drawn to his attention in the most explicit way. It is an instance of what I had in mind in Spurling v. Bradshaw . 1956, 1 W.L.R. at page 466. In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling."

[pe-goose]

The experience has not been a good one.
App didn't work properly twice...even though I paid twice.
App developers were rude and blamed me, i went to uni and did computer science and programmed, its an app issue.
The fine company didnt answer their email.
Theres no help on their website.
They seem to just want money.
Am studying law however we don't start contract until year 2.
Anyway, what is the best approach on the matter. Do I contact then further, ignore them? Am not sure.

[charitynjw]

The experience has not been a good one.
App didn't work properly twice...even though I paid twice.
App developers were rude and blamed me, i went to uni and did computer science and programmed, its an app issue.
The fine company didnt answer their email.
Theres no help on their website.
They seem to just want money.
Am studying law however we don't start contract until year 2.
Anyway, what is the best approach on the matter. Do I contact then further, ignore them? Am not sure.

Have you been in contact with the parking company in any way?
In your email(s), did you ID who was driving at the time of the alleged contravention?

[pe-goose]

I messaged the company giving the fine just explaining how I paid buy that app didn't work properly. Never mentioned who was driving to them i dnt think.

[charitynjw]

For parties to be bound by an enforceable contract, in very simplest terms, there must be an offer, an acceptance of that offer, & something known, in the legal vernacular, as consideration for value.
For now, & in the instant case, it is sufficient for you to understand that the sign, which purports to be of a type known as a unilateral offer [1], fails at the first hurdle. For reasons given in post #11, no offer is properly made.
You have all the information you should need to adequately defend the assertion of a debt owed.
And you have a heads-up for your year 2 studies; good luck with that, btw.

[1] Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256