IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

UKCPS Court Claim Trashed By Judge

Options
Link to Judgment here: https://www.dropbox.com/s/xw9hqmb3ag35el2/UKCPS-v-Gaskell.pdf
This was an unusual case, because not enough time was allocated at the hearing. So the Judge heard brief submissions from both sides, sent them away, and said he would read all the papers and send on his Judgment.

There are some real gems in this, which rubbish not only UKCPS, but the whole PPC industry.

Perhaps the most telling is this bit: 'So it is difficult to see where there is actual loss resulting from the non-payment of this demand; and therefore it is difficult to see how high a figure as £100 (or,indeed, any figure) can be a genuine pre-estimate of loss.'

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.
«134

Comments

  • I laughed all afternoon at this
  • Was a such a good read while munching on Easter egg
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Oh what a gem a "Genuine pre-estimate of cost document" that showed a £700 a Qtr profit!

    No Easter egg for Pete more like a gob full of feathers!
  • Just finished reading all through. Thanks bargepole, what a fabulous start to the day :). I think you're right about the judge's comment
    " So it is difficult to see where there is actual loss resulting from the non-payment of this demand; and therefore it is difficult to see how high a figure as £100 (or,indeed, any figure) can a genuine pre-estimate of loss. "
    I wonder if that could be quoted in future appeals .. ?
  • Dee140157
    Dee140157 Posts: 2,864 Forumite
    Part of the Furniture Combo Breaker Mortgage-free Glee!
    I read this just now with a cup of tea. It was a fun read. I love the Yorkshire Connection theme! I am now secretly (wickedly?) hoping that UKCPS fail to pay the £51 by the set date and further action can be taken against them, although for the OP's sake, I hope that do pay up.
    Newbie thread: go to the top of this page and find these words: Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking Tickets, Fines & Parking. Click on words Parking Tickets, Fines & Parking. Newbie thread is the first post. Blue New Thread button is just above it to left.
  • Umkomaas
    Umkomaas Posts: 43,258 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dee140157 wrote: »
    I read this just now with a cup of tea. It was a fun read. I love the Yorkshire Connection theme! I am now secretly (wickedly?) hoping that UKCPS fail to pay the £51 by the set date and further action can be taken against them, although for the OP's sake, I hope that do pay up.

    It won't be first time The Sheriffs have knocked on the caravan door!

    A stunning summation by the Judge, so good, you wonder whether he is a regular contributor from here?

    Not to good a day for Mr Hash-well :).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Beautiful, just beautiful.

    What a shame the defendant didn't question UKCPS' locus standi, I'm sure the judge would have had some trenchant views on that also!

    I love how he said he needn't consider the question of GPEOL, and then went on to consider it anyway!

    I'll bet Hasbeen is chewing the manky carpet in the Potakabin! Wonder if he really will apply for leave to appeal? Difficult to see it being granted in the light of a judgement like that!
    Je suis Charlie.
  • Great stuff, interesting how he ruled on there being no contract, and then went on to rule on the loss issue. Some cases I've seen seem to rule on just one aspect, and then don't rule on the others.

    The Judge obviously got straight to the fact that the parking companies make money on defaults, therefore, it's in their interest for a default to occur.

    It taught me one other thing-don't mess with Yorkshiremen.
    Illegitimi non carborundum:)
  • HO87
    HO87 Posts: 4,296 Forumite
    It was the judge's methodical approach that impressed me most. As systematic dismantling of UKCPS's - indeed any PPC's case as I have ever read. At this time of day.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • lescm19
    lescm19 Posts: 44 Forumite
    Classic.
    I like how the DJ Dawson felt he had to pass comment on the GPEOL point even though he had already found on another point.
    cheers
    Les
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.