ParkingEye lose AGAIN in High Wycombe: Third Time Unlucky

trubster

Ryan_Bryan wrote: »

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.

Exactly, the work put in by the "Lay Reps" is fantastic and invaluable to everyone on here.

Keep up the fantastic work.

nigelbb

Ivor_Pecheque wrote: »

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

I posted this over on PePiPoo but it is worth repeating here.

I am glad that a judge agrees with me on this as I know that I keep banging on about it but in a free car park there is never a contract for parking as the retailer offers free parking as an incentive to lure in shoppers. There is permission to park just as there is permission to enter the shop. Without the licence to enter the shop or park the car the shopper is trespassing. That's why a retailer can set rules on who they allow in the shop e.g. no bare chests or must be wearing shoes & have you escorted out by security if you don't comply. Other incentives are offered to shoppers to entice them to enter e.g. toilets, free WiFi but there is never any question of the shopper entering into a contract as it's all by permission.

This is a really fundamental point that bears repeating. The whole PPC industry is based on the Big Lie that the motorist entered into a contract with the PPC which is almost never true but it's definitely not true in a free car park because the motorist doesn't enter into a contract with anyone let alone a 3rd party PPC. Even where there is a contract for parking e.g. a pay & display car park the contract is with the landowner not the PPC & even then the losses caused by breaching that contract & overstaying can only be the sum owed for parking never a fantasy inflated figure. If you are late vacating your room in a hotel the most that you would owe would be the cost of another night not ten times or fifty times the cost of the accommodation.

getmore4less

Great job,