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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?

Update:

Joe N - Thanks. I see what you are saying. In that case I am very surprised that more companies don’t design their vending machines like this and make the extra profit instead of requiring exact change only. Parking ticket machines are the only vending machines in existence that I am aware of that allow this.

Update 2:

mainwoolly - Try reading it again and again until you understand the meaning of the words. People who skim things and don’t take it in really bloody annoy me.

Update 3:

podge - I think you are missing the point of the question (skimming). If you only put 60p in the machine, should the machine accept or reject the payment? If you under pay it will reject the payment. So, if you over pay it should also reject the payment. If it accepts the over payment then are they entering into a contract for that additional money?

Update 4:

Bruce M - Good effort but read the question again.

Update 5:

rowdy - Excellent answer, thank you very much. I was not aware that the words "no extra time given for overpayment" could be implicit in the words "no change given". That being the case I agree with you completely. But it was a nice angle to investigate as I really enjoy this kind of stuff. Thanks again for the best answer.

Update 6:

Coyltonian - Another excellent answer. I have been giving it some thought and I am not sure that the words "no extra time given for overpayment" are implicit in the words "no change given" is necessarily correct and a case could be argued that it is not.

I think your point about the printed ticket is good one. While I am sure the ticket will always show the amount actually paid together with the expiry period the key point is were you aware of all of the terms before the ticket was printed? Have the council discharged their duties enough that any reasonable person would know before completing the transaction that over payment does not mean extra credit? If we assume that the words "no extra time given for overpayment" are not implicit in the words "no change given" then I would say they have not.

Update 7:

By the way. I am making the assumption here that the expiry time is not clearly displayed on the machine display and giving you the option to cancel the purchase before the ticket is printed and payment is taken.

Update 8:

mainwoolly - You really are a complete idiot who can’t be bothered to take in even basic information. I am not sure if you are just lazy or have such a short attention span that you have no attention to detail. Again, I say to you the detail is in the question. I recommend you read it again then you may see how foolish your responses are.

Update 9:

mainwoolly - OK I give up. You are obvisoly as thick as a plank with the attention span of a nat and zero attention to detail! Let me help you out here.

1) This is not about me. Note the words "“This question was asked by another person a short while ago”

2) This is not about a parking fine. Note the words "Forget the parking ticket"

3) With reference to your comment: “They said change would not be given and no extra time would be given".

Please point out exactly where this is stated in my question?

In fact, it states the opposite of that. That is what we are discussing. If the statement was as you put it then what would be the point of the question? It would be quite clear.

OK, there you go. I hope that helps.

Update 10:

LOL - I like the way you just deleted your statement "I am glad you got fined" Now you are just plain funny. Maybe, now you will read the question properly.

Update 11:

There you go!!! I can see that you have now completely reworded your answer. So, now you get it??? Good. At last a break through!

8 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    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.

  • 1 decade ago

    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.

  • 1 decade ago

    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.

  • Anonymous
    1 decade ago

    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.

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  • 5 years ago

    Lobby all local businesses to employ the same tactics for all local authority employees. Let the money grabbing oiks have some of their own medicine. All shop should display the following. "No change given, overpayment accepted for all local authority customers." As it s only ever money that changes the unethical greedy. A national capaign would cure the problem.

  • Joe
    Lv 5
    1 decade ago

    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.

  • 5 years ago

    some municipal vehicle parks could selection? and the fees additionally could selection? The question of no "exchange given" in case you place a pound coin in and the cost is say 60p for one hour then a one hour era could be recorded. No further time could take delivery of as a results of fact the final quantity of 60p could be asked.

  • Anonymous
    1 decade ago

    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

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