vcs/excel get their !!!!!! kicked

Coupon-mad

Do you have an interest in a private 'parking' company was my question?

trisontana

freddy_miles wrote: »

I do not see the fascination with my name.

I must admit this is a rather strange forum, everyone is treated with caution and suspected of being something when I suspect all they want to do is ask a question but whatever floats your boat.

I can only, yet again, state I have no interest at all in the overall subject matter that keeps this forum running and entertained just an interest in a particular thread which has already been declared.

I ask again- So, are you a long-time "lurker" or did you come across this thread by chance?

patman99

Freddy_miles-behind is correct in that County (Small Claims) Courts do not set precedent, but all it takes is for someone beaten by a PPC to put-in a successful appeal at the next level up to actually set a precedent for the lower tier to follow.

Trouble is, the PPC owners may be as thick as a tin of treacle, but even they know better than to take the bait as they know how much damage they would do to their industry. They simply pay-up rather than go through the appeal process and come-out the other end with a judgement that their activities are not quite a legit as they first thought.

AlexisV

Freddy - Joe Bloggs gets taken to court, either wins or loses and usually posts a few bullets of the most salient points.

That is all you're going to get as people tend not to spend £100 on a transcript when they've just avoided a £150 court claim. Especially only to satisfy internet nay-sayers.

Presumably you don't believe the daily Leveson Enquiry reports in the papers because there isn't a transcript accompanying the articles?

Few things on the internet are 100% accurate, and there will be mistake and exaggerations made. But life's too short.

As for the comments made about Excel's loss, last time a judge made similar comments, it was prior to OB Services being prosecuted.

give_them_FA

freddy_miles wrote: »

I am yet to see an official transcript of any case, for any matter, heard in a county court that the judge referred back to another hearing in a small claim or small claim appeal for 'guidance' in coming to his or her decision.

Interesting. How many official transcripts of judgments have you seen, then, and for what reason do you examine them?

trisontana

freddy_miles wrote: »

not that it is any of your business, however I will respond. I am studying law at Portsmouth University and currently the contract law element.

Then you will know that under contract law only the actual loss suffered by the landowner can be claimed and not some stupid figure dreamt up by the PPC. Why are you defending these parasites?

vax2002

freddy_miles wrote: »

I am studying law at Portsmouth University and currently the contract law element.

The allow me to offer some tips, sit down and shut up in class and you may learn what constitutes a contract.

bargepole

Any student of contract law should know that you cannot contractually agree to a "penalty" which is an arbitrary figure not directly related to the loss suffered by the aggrieved party. In private parking matters, the consideration is provided by the landowner (not the PPC) and any redress can only be due to the landowner (not the PPC), which was the obiter dicter (persuasive but not binding) ruling from the Upper Tax Tribunal judges in the recent appeal case of VCS v HMRC.

If the report of this latest case is correct (and we only have a forum posting to go by) then it would seem that the judge there followed the same reasoning.

Whilst I don't have any concrete evidence of this, it would seem that Simon Renshaw-Smiths's public criticism of the Judge in the Stockport Peel Centre case, has created a ripple in judicial circles which is going to make it difficult, if not impossible, for Excel/VCS to succeed in any County Court claim any time soon.

trisontana

There is "professional" advice around. Such as the the solicitor Tim Carey (expert in traffic law) who appeared on Watchdog and said that the best thing to do with any demands from a private parking company is to fold the letter into a paper aeroplane. They are that worthless.

Then you have the various county court judges who have found against PPCs because their demands amount to unfair penalties.

vax2002

WARNING:
I think this bloke is arguing so he can collect posters interpretation on defending claims.
Stop showing him your hands of cards.