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Putting The Boot In To The BPA on Their Turf

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Comments

  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Orford wrote: »

    This from Excel:-

    It should also be noted that we have secured many court judgements in Excel Parking's favour.

    And the BPA:-

    numerous similar court cases, not reported on by Watchdog, have found in favour of Excel,


    It would be good if both these organizations supply a list of all those supposed court successes. I remain very sceptical!
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • bargepole
    bargepole Posts: 3,238 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Of these ""with 49 actually appearing in front of a judge in 2011."" I wonder how many succeeded.
    As per the answer to my FOI request, the claimants were successful in 24 of the 49 cases.

    A number of the losses by defendants can be attributed to poor defences. "I was not the driver" is a risky defence, because the Judge can rule on balance of probabilities that the defendant was driving.

    "I didn't see the signs" or "the signs weren't clear" can also be a poor defence (with the notable and honourable exception of Martin Cutts's case), as most Judges won't take the trouble to go to the car park, they will accept the photos supplied by the PPC. And, by using that defence, you are also risking the Judge ruling that you accept the signage creates a valid contract.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Be interesting to know how many were walkovers and how many they ACTUALLY won.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's surprising how you can manipulate statistics. Over on CAG, one of the mods (of all people) keeps quoting that 25 out of 49 figure and stating that the PPCs have had a "50% success rate". This conveniently fails to take into account the many thousands of "parking charge notices" which never go near a court.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    Or the no-shows / back-downs from issued claims, which is quite high in comparison.
    Je Suis Cecil.
  • TrickyWicky
    TrickyWicky Posts: 4,025 Forumite
    Good speach, I love it. I used to work for one of the large PPCs (along with two councils) and I can only say its about time someone stood up to them at one of their self-back-patting BPA parties. I wish I could have been there to see all their sick smirks wiped off their faces.
  • trisontana wrote: »
    It's surprising how you can manipulate statistics. Over on CAG, one of the mods (of all people) keeps quoting that 25 out of 49 figure and stating that the PPCs have had a "50% success rate". This conveniently fails to take into account the many thousands of "parking charge notices" which never go near a court.

    I fell out with the mods on CAG years ago. They seem to deliberately be as awkward as possible and do everything they can to actually hinder people making useful posts.
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • ManxRed
    ManxRed Posts: 3,530 Forumite
    I posted on there briefly until I realised that the mods had very very strange attitudes, so I quit straight away.

    Never been back.
    Je Suis Cecil.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have scored one victory on CAG. They now have the MSE letter chain as a sticky, and I received an apology from them for the snide remarks from one of their mods.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    As per the answer to my FOI request, the claimants were successful in 24 of the 49 cases.

    Defendants with a decent defence are successful approximately 80% of the time. I would imagine around 16 or 17 of these claims were poorly defended.
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