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ParkingEye DEFEATED in Court today

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12346

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  • vikingaero
    vikingaero Posts: 10,920 Forumite
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    Just a thought: If I won buckets on the Euromillion lottery is there any way I could finance a higher binding Court case against just one of the parking companies to set a precedent?
    The man without a signature.
  • mo786uk
    mo786uk Posts: 1,379 Forumite
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    vikingaero wrote: »
    Just a thought: If I won buckets on the Euromillion lottery is there any way I could finance a higher binding Court case against just one of the parking companies to set a precedent?

    Not unless the court allowed the appeal.

    I think PE can apply to the next court up (High Court I guess) to appeal. It is not that surprising the county court has refused permission to appeal.

    It would be useful to have a proepr judgement explaining the law on this point.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
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    mo786uk wrote: »
    Not unless the court allowed the appeal.

    I think PE can apply to the next court up (High Court I guess) to appeal. It is not that surprising the county court has refused permission to appeal.

    It would be useful to have a proepr judgement explaining the law on this point.

    Thought so. Looks like when I win the Euros I'll be paying to put up thousands of posters on billboards around the country about the fake PCN Scam. :D
    The man without a signature.
  • bargepole
    bargepole Posts: 3,231 Forumite
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    vikingaero wrote: »
    Just a thought: If I won buckets on the Euromillion lottery is there any way I could finance a higher binding Court case against just one of the parking companies to set a precedent?
    In theory, you could. You would have to lose your case in the county court, then seek leave to appeal to the Court of Appeal (Civil Division), and of course get a QC to present your case.

    But I think it unlikely that any PPC would risk a decision going against them at that level, and they would probably withdraw rather than torpedo the whole industry.

    Personally, if I had won bucketloads on Euromillions, I wouldn't be messing about with tinpot PPC companies, I'd be sipping pinacoladas on a beach in Barbados, surrounded by a harem of dusky beauties ...

    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.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
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    bargepole wrote: »
    In theory, you could. You would have to lose your case in the county court, then seek leave to appeal to the Court of Appeal (Civil Division), and of course get a QC to present your case.

    But I think it unlikely that any PPC would risk a decision going against them at that level, and they would probably withdraw rather than torpedo the whole industry.

    Personally, if I had won bucketloads on Euromillions, I wouldn't be messing about with tinpot PPC companies, I'd be sipping pinacoladas on a beach in Barbados, surrounded by a harem of dusky beauties ...

    You're right. I'd be on Barbados but I'll hire you to get up to mischief. :p Every 10 cases won gets you a weeks bonus in Barbados with me! :D
    The man without a signature.
  • mo786uk
    mo786uk Posts: 1,379 Forumite
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    One wodners why PE are trying to appeal this case - they must think they have a good chance......?
  • trisontana
    trisontana Posts: 9,472 Forumite
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    Desperation?
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • mo786uk
    mo786uk Posts: 1,379 Forumite
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    trisontana wrote: »
    Desperation?

    Perhaps

    But they are not stupid. They know if they have a particularly good exmaple in their favour it would be worth taking it to a higher court to get a precedent.

    On the other hand where they have a aprticularly weak case they wont take it to court or will cave in and let it go.
  • Valthepixie
    Valthepixie Posts: 4 Newbie
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    Guys_Dad wrote: »
    Wet blanket time.

    Guess I am not going to be popular here, but I think this is a rogue decision and before we all get drunk on this success - which I am very happy for - I wouldn't bet on a repeat any time soon, except in this judge's court.

    Even the sainted Judge McIlwaine didn't take this view and throw out the PPC without hearing the casel.

    I wouldn't want to see any thread starter being given false hope or advice from this one decision.

    If people provide the precedent, it will make a difference. People need to supply a copy of the judgement to the court for their own cases. The judge will read all documents sent, so seeing the precedent is established will go with it. Of course if you don't include the paperwork the Judge has no obligation to follow it.
  • Stroma
    Stroma Posts: 7,971 Forumite
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    No precedent can be made in a small claim ever, so even if you have the full transcript with court numbers etc, it will mean little in a claim if the district judge discounts it.
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
This discussion has been closed.
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