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Trethowans / Aintree NHS lose £1622 case

NHS Aintree Foundation Trust v Perera
Case no. 1UD12840

£1622.84 costs sought from 25 tickets.

Mostly double yellow line parking incidences.

• Judge agreed that each amount was a penalty not a pre-estimate of damages
• Agreed that the Circuit Judge's findings in Thurlow v OB were persuasive
• Nobody was obstructed, no spaces were taken and a permit was on display
• Dismissed the notion that parking management was the purpose of the private ticketing regime

Result - defendant doesn't have to pay a penny. Will try and get more details.

Very important result when it comes to the Aintree situation IMO.
«1345

Comments

  • Trebor16
    Trebor16 Posts: 3,061 Forumite
    Nice result!!!
    "You should know not to believe everything in media & polls by now !"


    John539 2-12-14 Post 15030
  • notts_phil
    notts_phil Posts: 1,087 Forumite
    Brilliant result:)
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Wonder when they will twig the costs are getting beyond justification.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    About time the Press and the local MP took this lot to task about this scandalous waste of NHS (i.e. taxpayers) money IMO !!!
  • robredz
    robredz Posts: 1,602 Forumite
    Perhaps the Aintree Foundation Trust should reconsider it's parking regime before they have to sack Nurses and Doctors to pay the court costs they will keep incurring
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 December 2011 at 11:12PM
    Vexatious litigant, Trethowans should know there is no case to pursue, they are just trying to bully someone into paying, one could say attempted fraud (probably not legally though)
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    edited 5 November 2012 at 3:32PM
    Well lets hope that the PPC and the Nasty Health Service / No Health Service learn a valuable lesson from this.
  • HO87
    HO87 Posts: 4,296 Forumite
    Another sound result, Judges seem to be consistently getting their head around the issue now.

    When one looks through the documents that Aintree so helpfully left on their website earlier in the year regarding their parking policy one can't help thinking that for whatever reason they have painted themselves into a financial corner. In addition, one can't help thinking that someone has built themselves a little empire here perhaps suggesting to the powers that be that by adopting the PPC model they could make the previously problematic car parks, at the very least, cost neutral. Who is now going to put the brakes on? Those managing the car parks or the bean-counters?

    It will be a tough decision. As we all know hospital car parks are best described as a b*ggers-muddle at the best of times. People do take the mickey or because of the stress of their situation don't always employ that little extra bit of common-sense or straightforward decency. With the controls - such as they were - removed will there be a free-for-all? I pity the Trust manager who has to make that announcement.

    We shouldn't ignore the relationship between Trethowans and their client. Who is really driving this? is it a case that Trethowans are telling Aintree, "Don't worry this is just a small claims court. They're fickle. We'll win in the end. Besides, we're sending out the right signals" Or is it perhaps that someone pulling Trethowans strings from Aintree is telling their bosses that they are getting results?

    Given the money spent so far by Aintree it strikes me that its a bl00dy expensive point to be made. As has already been pointed out, this is money that should properly be being spent on vital services not on lining the pockets of professional mouth-pieces who, on the basis of their performances to date, one should really ask whether the word professional has been used appropriately.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • robredz
    robredz Posts: 1,602 Forumite
    HO87 wrote: »
    Another sound result, Judges seem to be consistently getting their head around the issue now.

    When one looks through the documents that Aintree so helpfully left on their website earlier in the year regarding their parking policy one can't help thinking that for whatever reason they have painted themselves into a financial corner. In addition, one can't help thinking that someone has built themselves a little empire here perhaps suggesting to the powers that be that by adopting the PPC model they could make the previously problematic car parks, at the very least, cost neutral. Who is now going to put the brakes on? Those managing the car parks or the bean-counters?

    It will be a tough decision. As we all know hospital car parks are best described as a b*ggers-muddle at the best of times. People do take the mickey or because of the stress of their situation don't always employ that little extra bit of common-sense or straightforward decency. With the controls - such as they were - removed will there be a free-for-all? I pity the Trust manager who has to make that announcement.

    We shouldn't ignore the relationship between Trethowans and their client. Who is really driving this? is it a case that Trethowans are telling Aintree, "Don't worry this is just a small claims court. They're fickle. We'll win in the end. Besides, we're sending out the right signals" Or is it perhaps that someone pulling Trethowans strings from Aintree is telling their bosses that they are getting results?

    Given the money spent so far by Aintree it strikes me that its a bl00dy expensive point to be made. As has already been pointed out, this is money that should properly be being spent on vital services not on lining the pockets of professional mouth-pieces who, on the basis of their performances to date, one should really ask whether the word professional has been used appropriately.


    The muppets would be more professional than this shower.
  • Just glad Trethowans are not doctors.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
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