UK Law: Legal opinion on this parking ticket machine issue?

This question was asked by another person a short while ago. Forget the parking ticket but I think it does raise and interesting point here





"Parking Ticket - should I pay?


Just got a parking ticket - £60!


The notice at the meter had the prices per hour and the words 'no change given'.


It was £2.40 for 3 hours but I paid £3 (and did not receive change)


I received the parking ticket for exceeding 3 hours (by only minutes) even though I had paid in excess of 3 hours.


The notice did not say 'no change given and no extra time given for added payment'!!!!"





Could it not be argued like this? Has the council stolen the extra 60p? If no change is given then it should accept exact money only. Like a cigarette or drinks vending machine it should not allow over payments unless it will credit the time.


Could it be argued that the fact they are accepting the over payment overrides the contract on the ticket?

UK Law: Legal opinion on this parking ticket machine issue?
Sorry, but I think your respondents are right - though let's say some express it better than others!





The legal position is this - when you put your three quid into the machine, you enter into a contract with the council, the terms of which are laid out on the ticket machine.





The words "no extra time given for overpayment" are implicit in the words "no change given", so the council didn't steal the 60p - you gave it to them as a gift, because (a court would say) you could have said, "Bugger this, I'll park somewhere else"; but you didn't.





The only legal argument against the council would be to say that the contract (between you and the council) contained an "unfair term", but I don't think a court would agree. (If there was any danger that a court WOULD agree, I think vending machines would be modified very quickly to take only the correct amount, as you suggest.)





On a final note, I think we pay councils enough tax for them to employ a human being to take your money - problem solved.
Reply:What a prick this guy is.....





he says the prices per hour were stated and it said no change given....








...then further down in his drivel he says "tell me where I said no change or extra time would be given"....





...what a prick, can't even read what he wrote himself!! Report Abuse

Reply:Rowdy makes most of the facts clear, but I'm fairly sure (better legal minds tahn mine can correct) that even if they don't credit you with the extra time for the extra money, their receipt should still indicate the extra charge has been paid (as this could have tax implications amongst other things).





Failure to provide an accurate receipt could be classed as a breach of contract (they are effectively letting (selling) you their parking space for a period of time).





You should therefore be able to make a case, if 60p was a valid charge for the minimum period allowed by the meter, that they had implicitly accepted that payment for the further period (assuming 3 hours wasn't a maximum period "without return").





Implied contracts are (I'm fairly certain in Scots law and certainly in UK employment law - though not sure about else where) as binding as a written contract (though often harder to prove).





Basically, I'm sure fairly sure that unless the parking restrictions stated "maximum period x no return within y" AND the meter credited you with the full amount paid (esp with no change given) that you could make enough legal noise for them to dismiss teh penalty charge notice if not change the way parking is enforced nationally.





If both the above conditions are met then you are almost certainly screwed even though it is evidently unjust.
Reply:how can you prove that you put £3 in the machine.


you entered into a contract that you would pay £2.40 in exchange for 3 hours parking, the fact that you did not have the right change and had to pay £3 is down to you.


the fact you have now paid £3 for parking that you should of paid £240 for is neither here nor there, you was issued with a ticket that ticket had the time your parking should end by, you failed to keep to your part of the deal and in-cared a penalty.


you excepted the terms of the deal by putting the sticker in your car window, now pay up and move on
Reply:There's no obligation in English law to offer change - so what the machine is really saying is "I'll sell you three hours' parking for £2.60, but if you choose not to put the exact change in that's your lookout. I get to keep it." There's nothing wrong with that, and if you stick three quid in then you've bought... three hours' parking. Go over the time and it's tough, they don't have to credit you.
Reply:It seems the conditions were quite clear.





They said change would not be given and no extra time would be given.





You accepted those terms by putting money in. You got exactly what they said you'd get for your money. The extra 60p was a gift which you gave voluntarily having already read the terms of the contract.











RE YOUR ADDITIONAL COMMENTS JB.





My answer fully explains the law of contract. Not my fault you're a fool and don't like the consequences of your foolishness.





Try reading my answer again until you understand the big words. A dictionary might help, you obnoxious prat.





.





Yes, you're just making yourself look stupid with your additional comments.





You either can't or won't understand simple law.
Reply:You May have to pay, but then should sue for over charging on the meters. They know they are getting paid twice. I would first question them about who gets that unreported money. That should make them aware that The people there are not fools, and someone should be held accountable for that money, and what it is spent on.





Which is mute in this situation because you did over stay the meter. So how would they know that you over paid when you really didn't
Reply:If you had only put in 60p would you have expected to have been allowed to park for some fraction of one hour.


I think you would lose your case as you would have been expected to put the exact amount required for the time that you wanted to park for as the meter indicated no change given. I like you have been given a ticket in similar circumstances and put it down to experience.