Thank you for your response. It is much appreciated.
I have spoken to the Lido and they unfortunately stated that the car park is nothing to do with them, so cannot cancel the ticket.
Based on the previous entries to Gemini I wonder if you could comment on whether the following is a suitable response.
I am the keeper of the vehicle and I dispute your 'parking charge' on two points. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
1. As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Gemini has relied on contract law allegations of breach against the driver only. The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under a poor interpretation of the law of agency. Your NtK can only hold the driver liable. Gemini will not be successful in any litigation, so are urged to save time and cancel the PCN.
2. Secondly, the driver relies on the doctrine of Frustration of Contract in their defence. The contract was formed between the Claimant and the driver, in which the Claimant granted the consideration of free parking for 120 minutes, in return for a promise to leave within 120 minutes on the part of the driver. There was, in this case, a change in circumstances which was not the fault of either party, and which rendered it impossible for the driver to perform the contract. Specifically, the driver was blocked by another driver from exiting the car park and sought to find said driver without success (in the nearby facilities).
Where a contract is found to be frustrated, each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of loss is decided by the Law Reform (Frustrated Contracts) Act 1943, but in this case there was no loss to the Claimant at the time the contract was breached, and so they have no valid claim for £100 or any amount at all. The case of Nicholl and Knight v Ashton, Eldridge & Co [1901] 2 KB 126 provides authority for this.
