UKCPS Hammered in Court Again

vax2002

Can someone who is on pepipoo get the facts together in one place, dates, times court ect

HO87

We continue to await details from Hedwig the Pepipoo OP

taffy056

Well done Alex what a great result for him, and especially the husband and wife who wouldn't accept being bullied by scam artists from UKCPS and haswell the hasbeen

NewBoy_2

Great stuff and really good to hear.

One thing though. During my research I found that it is possible to request that the OFT apply for an injunction so that an unfair contract term cannot be used.

Given that it has been decided twice that these are penalties then does this not mean that the signs contain an unfair contract term? Therefore I would have thought there were clear grounds for the OFT to apply for an injuction.

I don't mean to detract from the victory here but whilst it's great that another case has been sucessful, it would be great to work toward a situation whereby these cowboys cannot scam money from innocent people.

Also, if a judge has decided that the fee is an illegal penalty then this clearly means that all tickets issued are also illegal. Therefore why don't these cowboys have to repay all the tickets issued? Seems only right but am I missing something here?

Fergie76

NewBoy wrote: »

Also, if a judge has decided that the fee is an illegal penalty then this clearly means that all tickets issued are also illegal. Therefore why don't these cowboys have to repay all the tickets issued? Seems only right but am I missing something here?

The action will have been brought in the small claims court and these rulings don't set precedents.

give_them_FA

There is that. While a small claim decision can be quoted it does not necessarily bind another court- though it is helpful as judge's often don't like to disagree with each other.. The main problem with the issue of payments is that 99.99% of invoices paid are paid "voluntarily", all that has been shown is that there's no need to pay if you don't want to.

I too was looking at the possibility of persuading the OFT to go down the injunction route, but think that it might take a decision of a court of record to activate that.... no harm in trying though.

NewBoy_2

Fergie76 wrote: »

The action will have been brought in the small claims court and these rulings don't set precedents.

Thanks fergie.

That's a real pain but I do wonder if the injunction thing would work though.

Stephen_Leak

NewBoy wrote: »

Thanks fergie.

That's a real pain but I do wonder if the injunction thing would work though.

It's a pain if a particular judgement goes in your favour, but not if it doesn't.

sarahg1969

Fergie76 wrote: »

The action will have been brought in the small claims court and these rulings don't set precedents.

Precisely. And this is why the PPCs never appeal. There was talk of Excel appealing the Hetherington-Jakeman case, but they wouldn't want a precedent to be set, would they?

NewBoy_2

give_them_FA wrote: »

I too was looking at the possibility of persuading the OFT to go down the injunction route, but think that it might take a decision of a court of record to activate that.... no harm in trying though.

From what I can gather the oft has a duty to investigate any complaints made about companies. Ultimately I have no idea how seriously they take complaints but I would have thought that in this instance, if the judge has decided that the fee was a penalty then this would hold some weight with any complaint. It would, of course, require someone to complain but it would be a worthwhile exercise to see what the oft would do.

If I succeed with my court case I will do this myself and report back my findings. Being cynical I can imagine that I'll hit a brick wall but unless someone tries then we won't make any progress. If the oft were to take this seriously though, it could start the ball rolling and make it more difficult for these barstewards to keep ripping people off.

See here

oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

You have to add the www bit as I can't post links as a new user