Harrassment and misrepresentation

James_N

I'll keep this short.

Why doesn't somone take on the private scamming parking companies for the various laws on misrepresentation, fraud, harrassment etc that they break? A properly won case in a County Court would create "case law" and stop the rest dead, wouldn't it?

peter_the_piper

I would assume that misrepresentation and fraud were legal issues and I doubt that "you" could take a person to court, harassment you would also complain to the BiB about and hope they do something. Getting the police to do something about an issue so "minor"(to them) would be very difficult,
I expect there would be a way to take out a private prosecution but you'd need very deep pockets and a lawyer who'd been clamped recently.

James_N

FlyingCabbage wrote: »

County Court cases do not set precedents.

However, there is no way that any Independent Enforcement Agency is guilty of fraud or any kind of misrepresentation.

Hilarious! I had a really good laugh over this piece of tosh, thank you. The very idea that the rubbish that I have on file is neither fraud nor misrepresention is soooo funny.

I've been threatened with fake laws, fake legislation, fake "notices", fake statements that I will get a CCJ .. etc - you know the form

I am sitting on (literally filed under my chair!) demands for payment with threats of "enforcement action".

Idiot. Stop posting or I will claim for damages against you when I fall off my chair laughing at you.

bargepole

James_N wrote: »

A properly won case in a County Court would create "case law" and stop the rest dead, wouldn't it?

County Court claims are each treated on their individual merits, and do not set any kind of precedent for any other claim - see Excel v Hetherington-Jakeman, and Combined Parking Solutions v Thomas for examples of how it can be up to the whim of the individual judge.

Case law would only be created if the losing party in a County Court were to appeal the decision to a higher Court - in this scenario, the Court of Appeal (Civil Division) at the Royal Court of Justice.

It is unlikely that any PPC would want to participate in that process, because apart from the likely cost on the day, a binding judgement at the RCJ would sink their scam business for good.

James_N

bargepole wrote: »

County Court claims are each treated on their individual merits, and do not set any kind of precedent for any other claim - see Excel v Hetherington-Jakeman, and Combined Parking Solutions v Thomas for examples of how it can be up to the whim of the individual judge.

Case law would only be created if the losing party in a County Court were to appeal the decision to a higher Court - in this scenario, the Court of Appeal (Civil Division) at the Royal Court of Justice.

It is unlikely that any PPC would want to participate in that process, because apart from the likely cost on the day, a binding judgement at the RCJ would sink their scam business for good.

Yes, thanks for this. It needs a higher court than one of first instance - one able to be reported in full with ratio decidendi or at least obiter dicta for guidance.

Either would sink the PPC schemes totally, but they'd - the PPC companies - have to be willing to be taken that far - and fearing losing would probably let cases fail before that.

Coblcris

This would require a victim to lose at Small Claims and then appeal to the relevant Higher Court.

Flyingcabbage is unutterably wrong in the second paragraph of his, or her, post.