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tolls not accepting cash or cards

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    #62
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Peregrinus wrote: »
    Consider an automated car park with a sign outside that says "Parking. One euro per hour."

    The design of the car park is such that you can't enter without taking a ticket, and you can't leave without using your ticket at an automated barrier. If you use your ticket within 10 minutes of entry you can exit for free; otherwise you'll need to pay. The machine accepts notes, coin and credit cards, but it doesn't give change.

    Right. This is not like bringing an item to the checkout at a shop. Once you enter you're committed; you can't leave without paying. Plus, by the time you approach the barrier to leave, you have already used the service offered. So this is more like ordering a meal in a restaurant; the contract is formed, at the latest, when you eat the meal, or when you park your car. On a classical analysis, you are bound to pay for your parking.

    So, you drive up to the barrier, having parked for three hours, and the machine wants three euros to lift the barrier. You have no credit card. You have no coins. But you have a five euro note. This will get you out, but you'll get no change.

    Legally, what's the position?

    And would the position be any different if the sign outside the car park said "Parking. One euro per hour. No change given."?

    Ok, so in this case we have a standing offer by the car park owner as opposed to an invitation to treat, in such circumstances the owner is considered to be holding the machine in readiness for use, thus constituting an offer as once activated you have reached the point of no return.

    Displaying "no change given" is simply a term which you accept by operating the machine and entering, but, when not having said term and depositing more than the advertised price could it be argued that despite the contract being already agreed that a counter offer (or rather a variance of the original agreed offer) has been offered and accepted?


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    #63
    Peregrinus
    Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    GM228 wrote: »
    Ok, so in this case we have a standing offer by the car park owner as opposed to an invitation to treat, in such circumstances the owner is considered to be holding the machine in readiness for use, thus constituting an offer as once activated you have reached the point of no return.

    Displaying "no change given" is simply a term which you accept by operating the machine and entering, but, when not having said term and depositing more than the advertised price could it be argued that despite the contract being already agreed that a counter offer (or rather a variance of the original agreed offer) has been offered and accepted?
    In my hypothetical, you don't pay to get into the carpark; you just take a ticket. A price is calculated (based on how long has passed since the time of entry ) and payment demanded in order to leave. So there is no "deposit".

    I think the question is, is it an implied term of the contract that the car park operator will make reasonable change? And given that it's widespread practice in retail on-the-spot sales of goods and services that the vendor does make reasonable change, I think there's at least an argument in this context that, yes, it's an implied term, and that if the car park operator wants to exclude it he needs to do so explicitly before the contract is formed. (E.g. with a "no change given" sign that people can see before they enter the car park.)


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