| Comment | Yes in that scenario both parties would need to reach some form of agreement.
If the journey is complete and the passenger sticks by their guns that card is their only way to pay, they could offer that the driver returns for payment when the card machine starts working. By doing that, it demonstrates the intention to pay was there all along and avoids any potential criminal liability.
A disingenuous driver might find his card machine suddenly works.
A genuine driver may either cut their losses or come to some sort of agreement with the passenger. Of course a genuine driver would likely tell you before your journey commenced to avoid any hassle. Those card machines are at the behest of mobile data networks though, so there are genuine cases where the card machine might fail at the end of the journey.
It’s the whole attitude of “if the card machine doesn’t work then I’m no paying” that leaves you wide open. It can be argued you had dishonest intentions from the start. In reality we know most drivers are at it, but the law sides with them as merchants in that they can accept whatever form of payment they want. |
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