Monday 16 July 2018

INCORRECT CAR REGISTRATION : WHY NOT CONSIDER THIS AS A POSSIBLE DEFENCE ?

If this defence stands up to scrutiny then it could potentially defeat all PCNs issued under this heading , and put at end to the biggest scam of all .

In contract law an offer has to be in existence at the time the acceptance is made. Moreover the acceptance has to be unconditional for a contract to be concluded.

However there are many reasons which can bring about the lapse of an offer . One of course is a counter-offer / conditional acceptance. Another is when attached to the offer is a pre-condition which has to be fulfilled for the offer to still stand when a purported acceptance is made. If the pre-condition has not been met then the offer ceases to exist. 

So let's see how this rules apply to parking contracts. These morally bankrupt scammers are keen to state that in the offer there is a  pre-condition that correct licence plate details must be entered into the machine in order to proceed with making a contract.  When this doesn't happen because of  entry mistakes the offer has automatically lapsed. 
However , the motorist by inadvertantly entering incorrect details is now deemed to be making an offer in his/her own right. The machine of course accepts this offer since it has not been programmed to reject incorrect information. Proof of acceptance of course is when money is  taken ( not refundable ) and a ticket is  issued , which cannot be anything else but valid. 

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