Graham White Solicitors pursuing with County Court Claim

backfoot

Is it a breach of contract to buy a pay and display ticket, then to display it on the dashboard?

If they supply a sticky to attach it, are you obliged to stick it on a windscreen or side window?

If they fail to see it on the dashboard would you be liable if you sent it to them under appeal?

roddydogs

But we've been told a thousand times that you can safely ignore any private parking ticket, so this isnt the case then?

backfoot

roddydogs wrote: »

But we've been told a thousand times that you can safely ignore any private parking ticket, so this isnt the case then?

In this case, the OP didn't ignore the PCN. He appealed it but they refused his appeal.

The claimant PPC have issued proceedings as they are entitled to do. It doesn't mean they will win. No one can stop them commencing proceedings however weak their case may be.

They may have been using it as a scare tactic.

Quentin

backfoot wrote: »

They may have been using it as a scare tactic.

A "scare" tactic is when they send a strong letter threatening court action.

But this time they have paid out to issue the summons, so at least they have put their money down over this!

lucylucky

murdomaguire wrote: »

If proceedings are issued of course the judge gets to comment. The space does have standing and the hearing is based on breach of contract under the terms and conditions.

The question then arises as to whether the contract was properly announced and whether the terms and conditions were fair.

A Judge can go where he likes in his own court and will take into account the nuisance caused to others. He is likely to be much less sympathetic to an able-bodied defendant parked in a disabled bay than some little old lady who overstays ten minutes.

I have to say I have no knowledge whatsoever regarding the latest proceedings. What is clear in the last case brought by a parking company (which the parking company won) the case was carefully chosen because there was no possibility of mistaken identity and the place where he was persistently parking belonged to a church.

The judge appears to have taken a view on that and found for the parking company with costs.

What standing does the space have?

Genuine question.

backfoot

Quentin wrote: »

A "scare" tactic is when they send a strong letter threatening court action.

But this time they have paid out to issue the summons, so at least they have put their money down over this!

Indeed.

The case,however, looks so flimsy.

I am led to the conclusion that it is either a mistake to have chosen it to action or it was just another attempted scare tactic.

Quentin

backfoot wrote: »

I am led to the conclusion that it is either a mistake to have chosen it to action or it was just another attempted scare tactic.

Whatever their reasons for this, it cannot be a "mistake" - they wouldn't mistakenly pay out for a summons to be issued.

backfoot

Quentin wrote: »

Whatever their reasons for this, it cannot be a "mistake" - they wouldn't mistakenly pay out for a summons to be issued.

I mean a mistake to have chosen it to action above all others. The OP purchased a ticket and has sent it to the PCC under appeal.

I can only speculate but GW may not have seen this appeal correspondence.

There must be many better cases for GW to take a punt on, given the facts surrounding this one. From what I have seen,neither the PPC in this case or their legals are the sharpest tools in the box.

murdomaguire

roddydogs wrote: »

But we've been told a thousand times that you can safely ignore any private parking ticket, so this isn't the case then?

Not if they issue proceedings. You have been misinformed by the fluffy bunnies who post here.

Sirdan

lucylucky wrote: »

What standing does the space have?

Genuine question.

This has been discussed already somewhere.

As I see it the landowner via their PPC can designate and mark any space for the use of specific groups if they so choose.(It is after all their land)

If they put up the correct sign telling users of the space what the terms and conditions are (including any charges ) , then the space does indeed have some standing.

Whilst the blue badge scheme does not apply to private land per se ..if the owners of the land designate spaces for blue badge holders only then anyone not displaying one COULD be held to be in breach of contract.

Theoretically the landowner can designate a space for red cars only if they wish and as long as they sign it as such the same logic follows..