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Parking Eye v Somerfield Judgment
Comments
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Not according to this ruling.
"The basic charge was £75, reduced to £37.50 if paid within 14 days of the "Penalty Ticket," i.e. the first letter. This amount the Judge held not to be a penalty and thus enforceable as against the motorist."
It can either be a penalty or a loss, can't logically be both. What did the judge claim was "not a penalty"? The original £75? Were there no question marks over how a discount was offered for a claimed loss? Or was this judge another Thompson who makes his own rules up regardless of whether they contravene existing law codes?0 -
trisontana wrote: »That goes against other court cases where the judge has ruled that they were penalties.
This was a court of appeal, and it was accepted by the judges as a method for estimating the profits the ppc would have made.0 -
There is a cost to that though - hence why an automatic system like PE seems so attractive.
Somerfield were quite happy to have non-customers being charged - they only got concerned when genuine customers complained.
Can I ask how is parking management then ? Camera in camera out , timed so that somebody will run out of time before they finish shopping, then a pathetic rule of no return in a ridiculous 3 hours or so. And that is management yes ? I went in and out of a local b&q about 6 times the other day as I had things to buy and take back, parking eye manage it
according to them I am not a genuine customer, according to b&q where I spent the best part of £2k I am. Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Even "courts of appeal" have an obligation to observe the law. They can't suddenly authorise death penalty.0
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I should clarify. It would be Tesco suing. But they would be farming it out to a third party. It would be in their name just that they would use the expertise of the PPC to handle it all for them.
As to whether supermarkets would actually sue customers.... I guess we will find ut if it is the only way they can protect their car parks.
I'll bow to your superior knowledge on the issue of who can sue though
No. Read the post again:
To sue as an agent you need to be licensed under the Courts and Legal Services Act - in other words you need to be a 'lawyer'.
So a PPC cannot do it on behalf of the landowner. Only the landowner or his legal representative can sue.
My, this is hard work.Je Suis Cecil.0 -
Not according to this ruling.
"The basic charge was £75, reduced to £37.50 if paid within 14 days of the "Penalty Ticket," i.e. the first letter. This amount the Judge held not to be a penalty and thus enforceable as against the motorist."
Wasn't that from the original case, and no one even queried it on the recent appeal hearing? So, does that make it a ruling?
OBS v Thirlow contradicts this, and states that anything over and above costs IS a contractual penalty and the discount is the giveaway.Je Suis Cecil.0 -
No. Read the post again:
To sue as an agent you need to be licensed under the Courts and Legal Services Act - in other words you need to be a 'lawyer'.
So a PPC cannot do it on behalf of the landowner. Only the landowner or his legal representative can sue.
My, this is hard work.
And its so far beyond the realms of possiblity that a PPC cannot hire a lawyer?
Debt collection agencies do it on behalf of creditors. Slightly different issues perhaps as that is a contractual issue but the point is that its not impossible to find a workaround is it?0 -
Can I ask how is parking management then ? Camera in camera out , timed so that somebody will run out of time before they finish shopping, then a pathetic rule of no return in a ridiculous 3 hours or so. And that is management yes ? I went in and out of a local b&q about 6 times the other day as I had things to buy and take back, parking eye manage it according to them I am not a genuine customer, according to b&q where I spent the best part of £2k I am.
Dont forget its somerfield who agreed to the timing not PE.
Somerfield are also the ones that think they have a problem with car parkers.
Its in Parking Eys best interests to have short times - blame Somerfield for being the iditos that agreed to such a short time period.0 -
Dont forget its somerfield who agreed to the timing not PE.
Somerfield are also the ones that think they have a problem with car parkers.
Its in Parking Eys best interests to have short times - blame Somerfield for being the iditos that agreed to such a short time period.
If you look at the times given, it's down to the parking company on the most part, they are not going to give 4-5 hours for any car park, there is one retail park local to me with 2 hours no return in 3 , but has about 15 retailers and has restaurants and coffee shops on site. It would be only for shoppers because of the location, there are lots of problems there. Across the road there is another retail park with no ppc and very few problems.
The point is that the problems are often ones that the ppc says there is one , because its in their self interest to say there are problems. Parking Eye in particular deserve my ire as they do nothing, how can you manage a car park from a control room hundreds of miles away, how do they stop this alleged abuse of disabled bays without anybody on site?
This company like the other ppcs have their self interest first, their profits and income before the retailer they proclaim to protect, they infest car parks, they fleece money off legitimate shoppers, they are a leech of a company. Nobody should pay them or their ilk anything.Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
And its so far beyond the realms of possiblity that a PPC cannot hire a lawyer?
Debt collection agencies do it on behalf of creditors. Slightly different issues perhaps as that is a contractual issue but the point is that its not impossible to find a workaround is it?
My God this is hard work...
A PPC can hire whoever they want. They can hire a lawyer to bring a claim on THEIR OWN behalf. They CANNOT themselves bring a court claim as an agent of someone else.
Debt Collection agencies chase debts. Nothing wrong with that. However they CANNOT bring court claims on behalf of a third party.
It IS impossible to find a workaround. That's the law.
Why are you finding this so difficult to understand?Je Suis Cecil.0
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