Parking Eye Court Action

torontoboy45

vax2002 wrote: »

If smithy wants to post up some proof of his court case along with a paypal, I will contribute £10 to his costs for fighting and winning, I am sure we can have a whip round and soon put him back in pocket ?
He has fought for us all and scored an important victory, that ppc can only claim for actual losses of not paying for parking.
An important victory, just hope they are stupid enough to appeal it and loose that so it becomes case law.

2nded. I'll happily part with a tenner. let's face it: if we're really serious about screwing the screwers then support should be there.

pm me.

ponymad_3

Really pleased for you, I got my ticket at the time you were getting earache on hear and was not sure whether just to pay up. Mine was a free car park tho. Glad to see the outcome as I have been following with interest.

smithy2121

Honestly guys I don't want the money off you at all. If you insist then I guess you can but I would never ask for it, it was my decision to go with this so I should pay the costs.

patman99

Have you thought about appealing ?. It is obvious the Judge has no real idea, if he did, then you would not have had to pay the £95.00 . Btw, did P/E send you loads of letters threatening that they could wreck your credit rating etc. ?. As these are in Breach of the 'Administration of Justice Act', you could get revenge by making a formal complaint about their mailings to your local Police (best print-off a copy of the Act though, just so they can aquainte themselves with this piece of Criminal Law).

One thing we all now know, don't pay. They will take you to Court, they will win, but they will receive a lot less than than it cost them. So if enough people follow Smithy's example, they will eventually run out of cash and go bust.

Inflatable_Armadillo

Well done Smithy! I have not logged on for a few days and it was great to see this sorted and the excellent result!

I just want to pick up on a point you made and I actual think it is one we should consider giving out as potential advice step, for people who have received a PPC invoice in a paying car park situation like you. I think if people have either not paid (I know this often by accident, like yourself) or have overstayed by 'x' amount of time, then maybe in light of your case, we should be encouraging people to send the PPC a cheque for the due amount? So, either the unpaid charge or the calculated cost of the overstay. This of course to be accompanied by a letter, saying this is offered in full and final settlement, do not contact me again or this will be considered harassment etc.

If they did, would the PPC cash the cheque or would they ignore it and carrying on chasing people? I suspect they would generally, just bin the cheque and carry on with the letter chain. Then, even in the very rare occurrence where one of the PPC's might try court, you are covered because you made the offer and they chose to decline.

What is everyone else's thoughts?

funkycoldribena

If we did respond to any PPC threatograms can we quote Smithy vs Parking Eye 2011 now?

scabbyfiver

Inflatable_Armadillo wrote: »

Well done Smithy! I have not logged on for a few days and it was great to see this sorted and the excellent result!

I just want to pick up on a point you made and I actual think it is one we should consider giving out as potential advice step, for people who have received a PPC invoice in a paying car park situation like you. I think if people have either not paid (I know this often by accident, like yourself) or have overstayed by 'x' amount of time, then maybe in light of your case, we should be encouraging people to send the PPC a cheque for the due amount? So, either the unpaid charge or the calculated cost of the overstay. This of course to be accompanied by a letter, saying this is offered in full and final settlement, do not contact me again or this will be considered harassment etc.

If they did, would the PPC cash the cheque or would they ignore it and carrying on chasing people? I suspect they would generally, just bin the cheque and carry on with the letter chain. Then, even in the very rare occurrence where one of the PPC's might try court, you are covered because you made the offer and they chose to decline.

What is everyone else's thoughts?

I was thinking about this too. However, will this not identify yourself as the person who entered and then broke the contract? Proving the identity of the driver is probably the most well known reason why they are unenforceable and will contacting them not simply be assisting and encouraging them?
It might be something to consider should RKs be liable but before then...I don't know.

The ticket I'm dealing with right now is for a free car park and I'm definitely not contacting them to offer damages. Who can quantify these damages with any degree of accuracy? They should actually be paying us because we were in the shop for longer giving the land owners money for their goods!

esmerobbo

smithy2121 wrote: »

Honestly guys I don't want the money off you at all. If you insist then I guess you can but I would never ask for it, it was my decision to go with this so I should pay the costs.

PM me Smithy. I think you have done us all a favour I will be pleased to help.

PS: I would have paid the lot to be there on the day and seen the 4 legal eagle's face's:p

Oopsadaisy

Seems to me that we need to be very, very careful about giving the advice to people that they 'should offer to pay either the parking charges or the actual damages [eg for overstaying in a P&D]'. Smithy's case was not the 'normal' PPC case; the PPC knew who the driver was.

Nothing has really changed in the legal sense.......the 'contract' is still formed between the PPC/landowner and the DRIVER of the vehicle. As such unless the PPC can prove who was the DRIVER [not the RK] they can't win in court, and there is still no need to pay anything.

If you by some miracle admitted being the driver then that may alter it slightly. Having said that we need to consider how likely is it that a PPC will go to court when all they will recover is the original parking charge [and incur £5k of unrecoverable costs]??? Other than sham cases I would say ....not very likely at all.

So, on the basis that if you ignore everything you can never tell them the drivers name and they therefore can't get past the starting line, the advice still has to be ignore, ignore, ignore some more.

bromsgrovebarry

I could not agree more with Oopsadaisy. In many instances we have people being scammed by parking in free car parks in which the PPC has merely 'bountyhunter's rights'. The PPC does not offer parking and they do not suffer a financial loss as a result of overstays. The only contract as such is between the owner or tenant of the car park and the driver.