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Bargepole spanks UKPC in court

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beamerguy
beamerguy Posts: 17,587 Forumite
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edited 10 May 2016 at 9:51PM in Parking tickets, fines & parking
Bargepole spanks UKPC in court

http://parking-prankster.blogspot.co.uk/2016/05/bargepole-spanks-ukpc-in-court-no.html

Well done Bargepole:beer:

For all new people here, Bargepole is a member of this forum and therefore you have arrived at the right place to beat the parking cowboys

EDIT:-
Credit is also due to salmosalaris as you will see further down on this thread
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Comments

  • peter_the_piper
    peter_the_piper Posts: 30,268 Forumite
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    Good to see a judge, not well versed in private parking, actually taking the evidence(where given) at face value and applying the correct law. Well done bargepole and victim.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Castle
    Castle Posts: 4,219 Forumite
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    No offer of parking, no Beavis; simples!
    Would of course apply to all those "No Stopping" claims if they ever dared to take one to court
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Is there no-one in UKPC with even a handful of brain cells? It seems so obvious to me that this would fail.
    You never know how far you can go until you go too far.
  • hoohoo
    hoohoo Posts: 1,717 Forumite
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    The_Deep wrote: »
    Is there no-one in UKPC with even a handful of brain cells? It seems so obvious to me that this would fail.

    UKPC operate a numbers game, on the hope Bargepole will not turn up at any particular hearing.

    A member of the public could quite well fail at getting the point over - there was a case on this forum a few years back where a motorist fell asleep in a staff car park at a motorway services.

    The only signs in that car park stated NO PARKING - STAFF ONLY.

    The judge ruled that the signs in the main car park 200 yards away constituted a contract which the defendant was in breach of.

    It probably didn't help that English was not the defendant's first language.

    The point being that small claims is a lottery.
    Dedicated to driving up standards in parking
  • Umkomaas
    Umkomaas Posts: 41,494 Forumite
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    The_Deep wrote: »
    Is there no-one in UKPC with even a handful of brain cells? It seems so obvious to me that this would fail.

    But the SCC is a 50:50 lottery. Astronomically better odds than the National Lottery, where millions 'fail' every Wednesday and Saturday night - doesn't stop them trying! :rotfl:

    Well done to Bargepole. Good result with some mileage in it for other 'forbidding' contracts.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • beamerguy
    beamerguy Posts: 17,587 Forumite
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    hoohoo wrote: »
    UKPC operate a numbers game, on the hope Bargepole will not turn up at any particular hearing.

    What a dilemma UKPC and the rest have, Bargepole could turn up, any time, any place
  • catfunt
    catfunt Posts: 624 Forumite
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    Bit cheeky of the UKPC law rep who tried to spring the contract with the landowner on the judge without including it in the evidence pack.
    Thankfully, the judge was having none of it.

    THis is a useful case to refer to in future for others in broadly similar situations. I know it doesnt form case law as it was only in the SCC, but may be persuasive in similar cases where "parking without a permit" does not form a contract.

    May help those in a "parking in own space" situation, and I'll put "UKPC v Davy" (slightly different, I know...) here too to help with searches on that score.
  • Herzlos
    Herzlos Posts: 14,714 Forumite
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    The_Deep wrote: »
    Is there no-one in UKPC with even a handful of brain cells? It seems so obvious to me that this would fail.

    Failing at court is just a cost of doing business. Some large percentage just pay up from the drivers ticket (like 60%), of those that don't pay, some of them will just pay up at the debt collectors or LBA stage. Some will also pay up right before court, and the PPC will win some court cases due to no defence, bad defence or dodgy decision.

    They only do court cases (losing money each time) because doing so scares people into paying up.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 10 May 2016 at 10:25AM
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    The point being that small claims is a lottery.

    No a lottery is where the odds are hugely stacked against you. Not the case in a SCC if you go in well prepared and able to argue your case
    You never know how far you can go until you go too far.
  • salmosalaris
    salmosalaris Posts: 967 Forumite
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    I helped with the defence in this case and very kindly Bargepole agreed to represent . The defendant admits without his presence he would have been toast .
    A word of warning to all the keyboard warriors on here. Unless you are familiar with writing court submissions and can arrange for a competent rep to attend then suggesting to OP's that such cases are easily won is misleading and unfair . Even with such help these are far from a certainty and those that suggest they are may well be speaking rectally.
This discussion has been closed.
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