Enforcing contracts
Discussion
Hello
Hopefully I'm going to be told that I'm barking up the wrong tree but anyway I might aswell try;
A. produces a set of rules
B. sticks to rules
A. doesn't enforce rules
B. can they declare that because they didn't enforce the rules, the rest of the rules are null and void?
context, which is where it'll show I'm barking up the wrong tree.
Works car park, rule (as alot) "car's parked at own risk"
Other rules around "don't park on the double yellows" not enforced, max capacity also not enforced.
My car gets damaged, can I get around the "car's parked at own risk" because they didn't enforce the rest of the rules?
Thanks
Hopefully I'm going to be told that I'm barking up the wrong tree but anyway I might aswell try;
A. produces a set of rules
B. sticks to rules
A. doesn't enforce rules
B. can they declare that because they didn't enforce the rules, the rest of the rules are null and void?
context, which is where it'll show I'm barking up the wrong tree.
Works car park, rule (as alot) "car's parked at own risk"
Other rules around "don't park on the double yellows" not enforced, max capacity also not enforced.
My car gets damaged, can I get around the "car's parked at own risk" because they didn't enforce the rest of the rules?
Thanks
TommoAE86 said:
My car gets damaged, can I get around the "car's parked at own risk" because they didn't enforce the rest of the rules?
No.If you knew that those other rules were not being enforced, and you thought that significantly increased the risk to your car, then why park there?
No other mode of transport available, I parked correctly and as far back as I could. Someone parking where they shouldn't therefore someone else misjudged their swing out of the junction. If the other person hadn't parked incorrectly (and this wouldn't have happened if the all the rules were enforced) then my car wouldn't have been damaged.
I accept your point though, thank you for your quick response.
I accept your point though, thank you for your quick response.
TommoAE86 said:
Yeah with no CCTV I can't do that (probably the reason for the "park at your own risk"), oh well need to find a second car, or park like a dick 
I promise you I have no intention of sounding like a dick but if you are regularly parking somewhere like a railway station car park or the like you would be well advised (if funds permit) to have an "I don't give a s
t' snotter to get you there and back, saving anything nice for high days and holidays.I was lucky when i used my yellow CS daily and only got one small door ding in 3 years of daily use but it was little and rare that i was parking it anywhere like Tescos or a station car park for more than an hour. These days i have an 08 Golf for getting from A to B daily and frankly short of intentionally damaging it i really could not give a stuff. Quite liberating when you have been used to finding the furthest most protected space in the area...
The thing is this is one of only two days I need to use my car. My lift share into work is on holiday and I can't use my wife's car, the buses don't go to my work and to take the train is abit of a joke (it would turn a 20mins journey into 90mins, and I'd be late into work which they've said is not acceptable).
Also as pointed out in my knob thread post which has the pictures, I am parked near a pillar (to avoid the door swingers) and thanks to the folding mirrors my whole car is in the lines despite the front tyre being on the white line, it's also as far back as I can go. Even if I moved it over it would be 3 inches which given the depth of the scuff would not be sufficient for the tool that ran into me.
I am almost in a position to afford some heap of crap to use but just not right yet.
As above, I accept I have no comeback and I have to suck it up because a) I can't get a snotter and b) thems the rules with no CCTV.
Also as pointed out in my knob thread post which has the pictures, I am parked near a pillar (to avoid the door swingers) and thanks to the folding mirrors my whole car is in the lines despite the front tyre being on the white line, it's also as far back as I can go. Even if I moved it over it would be 3 inches which given the depth of the scuff would not be sufficient for the tool that ran into me.
I am almost in a position to afford some heap of crap to use but just not right yet.
As above, I accept I have no comeback and I have to suck it up because a) I can't get a snotter and b) thems the rules with no CCTV.
TommoAE86 said:
The thing is this is one of only two days I need to use my car. My lift share into work is on holiday and I can't use my wife's car, the buses don't go to my work and to take the train is abit of a joke (it would turn a 20mins journey into 90mins, and I'd be late into work which they've said is not acceptable).
So it's not even remotely feasible for YOU to park elsewhere, yet other people should be turned away and made to park elsewhere once the notional capacity of the carpark's full up?How would you feel if you got there to find the "FULL" sign went up after the car in front of you?
TooMany2cvs said:
So it's not even remotely feasible for YOU to park elsewhere, yet other people should be turned away and made to park elsewhere once the notional capacity of the carpark's full up?
How would you feel if you got there to find the "FULL" sign went up after the car in front of you?
Once again you're going all aggressive for no reason.How would you feel if you got there to find the "FULL" sign went up after the car in front of you?
For your benefit I came in early to be sure I got a good space in the car park provided before it filled up.
There have been times I've been late and had the full sign put up in front of me. I've been turned away and have parked in the overflow as directed by the gate staff which is a 5 minute walk away. People like the astra don't want to walk and parked on the double yellow, they just ignore it or wait for a shift change at the gate and "sneak" in.
I have followed the rules and despite that I'm now having to pay for other peoples f
k ups because the ones responsible for the car park only want to enforce the rule "you park at your own risk" which as per your first post on this thread I have accepted that I cannot do anything about. TommoAE86 said:
Once again you're going all aggressive for no reason.
No, I'm not at all aggressive. I'm asking you to put the shoe on the other foot.TommoAE86 said:
There have been times I've been late and had the full sign put up in front of me. I've been turned away and have parked in the overflow as directed by the gate staff which is a 5 minute walk away.
OK - so why not just park there in the first place, if you think the over-full carpark gives a higher risk of having your car hit? You did just say that there were no other options...TommoAE86 said:
Hello
Hopefully I'm going to be told that I'm barking up the wrong tree but anyway I might aswell try;
A. produces a set of rules
B. sticks to rules
A. doesn't enforce rules
A is in breach of contractHopefully I'm going to be told that I'm barking up the wrong tree but anyway I might aswell try;
A. produces a set of rules
B. sticks to rules
A. doesn't enforce rules
TommoAE86 said:
B. can they declare that because they didn't enforce the rules, the rest of the rules are null and void?
Just because A is in breach of contract does not mean that B can also breach the contract free of consequence. B must continue to fulfill his obligations under the contract until it is terminated.TommoAE86 said:
context, which is where it'll show I'm barking up the wrong tree.
Works car park, rule (as alot) "car's parked at own risk"
A means don't claim or sue us if your car gets damaged unless we are specifically negligent in our duties as car park owner / operatorWorks car park, rule (as alot) "car's parked at own risk"
TommoAE86 said:
Other rules around "don't park on the double yellows" not enforced, max capacity also not enforced.
My car gets damaged, can I get around the "car's parked at own risk" because they didn't enforce the rest of the rules?
Thanks
What do you mean by get around the "car's parked at own risk"? How has their non enforcement of the other rules led to your damage claim?My car gets damaged, can I get around the "car's parked at own risk" because they didn't enforce the rest of the rules?
Thanks
TommoAE86 said:
No other mode of transport available, I parked correctly and as far back as I could. Someone parking where they shouldn't therefore someone else misjudged their swing out of the junction. If the other person hadn't parked incorrectly (and this wouldn't have happened if the all the rules were enforced) then my car wouldn't have been damaged.
I accept your point though, thank you for your quick response.
Its the swinger you need to go after, and if you dont have the records it's still an insurance claim that should be covered by your comprehensive cover. Yes that means your premium may go up, but shop around.I accept your point though, thank you for your quick response.
Edited by Collectingbrass on Thursday 4th August 12:54
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