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Premier Parking win in court

The Prankster has today posted an account of a loss against Premier Parking in court, with a difficult-to-account-for judgement of costs as well.
http://parking-prankster.blogspot.co.uk/2014/05/premier-parking-win-in-court-cautionary.html

This despite a strong case in the Prankster's opinion.

Noting this as a cautionary tale, the Prankster urges caution and makes this a sound reason to see these claims off either before or at POPLA.
Under no circumstances may any part of my postings be used, quoted, repeated, transferred or published by any third party in ANY medium outside of this website without express written permission. Thank you.
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Comments

  • 4consumerrights
    4consumerrights Posts: 2,002 Forumite
    Indeed this is an example of why parking charges should NOT be ignored any more and quashed by using the relevant appeal system open to motorists.

    A good written defence is only half the battle as much depends on performance on the day in court and only highlights the differences that judges rule on at county court level.
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 May 2014 at 9:22AM
    Seems a bit of an odd one and for that money - worth an appeal perhaps? I know appealing costs a fee but the alternative is to pay that huge amount which appears to be a mistake, forced through by the barrister they used to intimidate her. If she didn't say who was driving, POFA 2012 only allows for the Parking Charge 'sum in the nature of a fee or charge' to be claimed from a keeper.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Ivor_Pecheque
    Ivor_Pecheque Posts: 745 Forumite
    500 Posts
    good to see the balance
    Illegitimi non carborundum:)
  • trubster
    trubster Posts: 1,116 Forumite
    How about a whip-round for an appeal? Do you have details of the defendant Pranky?

    I will put £25 in the pot if thats any help.
    We’ve had to remove your signature because your opinion differs from ours. Please check the Forum Rules if you’re unsure why you can not have your own opinion on here and, if still unsure, email forumteam@moneysavingexpert.com
  • bargepole
    bargepole Posts: 3,237 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    trubster wrote: »
    How about a whip-round for an appeal? Do you have details of the defendant Pranky?

    I will put £25 in the pot if thats any help.
    The defendant in question is this one here: http://forums.pepipoo.com/index.php?showtopic=85724

    As you will see from the thread, she never really had a grasp on what was going on. I did send her a revised version of the defence to submit, after she had cobbled together a very poor effort herself from some out of date templates, but I got the impression that she never really understood any of it.

    To launch an appeal, she would need to pay the £120 application fee, then a further £200+ for a transcript of the first hearing. She would also need a solicitor to represent her at the appeal hearing, probably another £300+, with no guarantee she would get any of that back.

    There are some battles worth fighting, and some which are not. In my view, this one falls into the latter category.

    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.
  • trisontana
    trisontana Posts: 9,472 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    good to see the balance

    As apposed to PE who only list their wins on their website. And even that list is six months out of date.
    What part of "A whop bop-a-lu a whop bam boo" don't you understand?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yeah, reading through the thread bargepole linked to, it's really no surprise. I would like to know what the extra costs were for though
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • nigelbb
    nigelbb Posts: 3,819 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    This case highlights all that is wrong with private parking enforcement & demonstrates that the PPC business is full of evil money-grabbing bullies.

    This poor lady has been shafted by the Premier Park Ltd & shafted by the justice system. This is a person who is already up to her eyes in debt & merely parked outside her own back gate but not in a marked space. Apparently signs had gone up just a week before threatening parking charges for vehicles not in a designated space. I don't know the details of the case but suspect that she would have won if the defence was properly presented but it's outrageous that the court decided that she owes these bullies £600+ for such a heinous crime. Hiring a barrister to intimidate the defendant in the small claims court is an abuse of process.

    A proper council parking ticket backed up with proper statute law wouldn't have had the same financial consequences.
  • nobbysn*ts
    nobbysn*ts Posts: 1,176 Forumite
    1,000 Posts Combo Breaker
    trubster wrote: »
    How about a whip-round for an appeal? Do you have details of the defendant Pranky?

    I will put £25 in the pot if thats any help.

    She's not appealing, but you could always chip in the £25 towards the costs instead?
  • chili_pea
    chili_pea Posts: 57 Forumite
    edited 9 May 2014 at 10:44PM
    I appreciate everyone's kind words.
    It has been a very stressful year since receiving the parking ticket so apologies for my ignorance at law. The defence and understanding was not what it should have been which is unusual.
    However suffering a traumatic sexual attack a couple of months before the parking ticket was issued means there has been another court case ongoing that I'm sure you will understand is very time consuming. A knock on effect of an attack like that meant the household income reduced to 50% as the other half lost their job and 2 months of being off of work for the victim.
    In response to why the costs were so heavy I have no idea. The original costs PP were claiming was £155. The added extras were the court fees, the witness fee £90, the transport fee £35... To be honest the upset and confusion at this point leaves the memory a bit blank but at no point in the case was there any unreasonable behaviour.
    Again donations for an appeal are extremely kind but as people have already stated there's no point.
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