ParkingEye lose AGAIN in High Wycombe: Third Time Unlucky

bargepole

High Wycombe County Court
8th May 2014
District Judge Jones
3JD09409
Parking Eye (represented by Ms. Soradara)
Vs
Kevin Green (represented by me)

This was a claim for £165 in respect of an overstay of the 2 hour free limit in Vale Retail Park, Aylesbury.

The LPC rep was a fresh-faced young girl who looked and sounded like she was straight out of law school. However, she had been appearing as an advocate in other cases (not parking) in the same court that morning, so I thought it best not to try and challenge her right of audience, especially as this was her first PE case.

She did try to challenge mine, saying that I only knew Mr Green through internet forums (which wasn’t true), but the Judge said that didn’t matter, anyone is entitled to a Lay Representative if they so wish.

Judge Jones was the one who decided in my favour in PE v Gardam. However, she started off by saying that for this case, she had been supplied with a copy of VCS v HMRC, which the Court of Appeal made clear did give standing to the claimant. She therefore thought that she may have made the wrong decision in the Gardam case.

I read out, and gave her a copy of, my rebuttal argument for VCS, but she said that she thought there were insufficient grounds of difference for her to be able to distinguish the case, so no joy on that one.

We then moved on to whether there could be a contract in a free car park. My argument was that there was offer (the sign), acceptance (the act of parking), consideration provided by the landowner, but no consideration required from the motorist. Therefore, there was no contract to be in breach of.

LPC girl tried to argue that the £100 charge was a term of the contract, not damages for breach, but that argument fell apart when I pointed out various paragraphs in Jonathan Langham’s witness statement, and reply to defence, which clearly stated that it was a charge for breach of contract.

Judge Jones explained to the LPC girl that if she gave me her coffee mug as a gift, and it then cracked five minutes later, I couldn’t sue her.

So there was no need to consider the GPEOL/penalty issue, claim dismissed, defendant awarded £50 costs for a half-day’s loss of earnings.

Afterwards we talked about the Cambridge case, and the fact that a Judgment should be made within the next week or two. Judge Jones said that if she had known it was that imminent, she might have stayed today’s case pending the outcome. I said that if we had looked like losing today, I might have asked her to.

Redx

roflmao

hoohoo

Well done! I will break a coffee mug in your honour (but not one of my best ones)

Computersaysno

This is outrageous...how dare you take on and beat PE!!!


They will now ask the mse mods to stop you telling people that you won.

Hot_Bring

Are we actually allowed to discuss this ? Surely MSE will be deleting such factual posts very quickly otherwise their contract with PE will be terminated !!!!!!!!!!!

Ryan_Bryan

Excellent work Bargepole and Jonathan Langham. Mr Langham's hard work for the defendant is much apppreci.....Hang on. Doesn't he work for Parking Eye?
Just a word of warning. A member here pointed out a while ago how after each PE loss is reported a thread with the words Parking, Eye, CCJ occurs. Look out and treat it with skepicism if it does.

fil_cad

I wonder if Parking Eye will ever give up this court saga? There not haveing any luck at all, looks like there money sucking syndrome is going stale. :rotfl:

Ryan_Bryan

More learned people will know better than me but my opinion is that PE cannot send out so many court cases without being seen to actually take someone to court by the judiciary. So they have to have cases taking place. What they didn't allow for is the hard work of the likes of Bargepole, the Prankster, Benefit Master and KIFL.

4consumerrights

Well done indeed to Mr Bargepole - another black eye for parking eye !

Indeed Parking Eye seem now so intimidated by the various internet forum efforts of mere armchair lawyers they allegedly send MSE warning letters.

When is a scam not a scam?

Perhaps Parking Eye would like to answer that question
- Rachel Ledson - Head of Litigation at Parking Eye could do a 5 page written article about it if she wants to.

And perhaps at the same time formulate a compliant letter before claim.

Coupon-mad

Well done bargepole - another great win to add to the list:

List of PPC Court Cases won by defendants (non-exhaustive) (clicky link)

I will add it when I get a mo.

Ivor_Pecheque

Nice new angle, dim distant memories from law school tells me that there are four elements to a contract, offer, acceptance, intention and consideration.

Is this the first time we've seen "consideration" in a PE cas.

Power to your elbow Mr Bargepole.