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).
📨 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!

Parking eye won cambridge case

1…457910…35

Comments

  • nobbysn*ts
    nobbysn*ts Posts: 1,176 Forumite
    1,000 Posts Combo Breaker
    da_rule wrote: »
    Problem is, a bit of a whip round may not do it, you could be looking at 5 figure costs. It would be better if only one of the parties appealed, that might help limit costs.

    5 figures? Glad it's not me then.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    Half_way wrote: »
    Looking at this from a wider viewpoint, if the descision stands where does that leave other companies / cowboy outfits who are not related to the parking industry, but could take advantage of levying contractual penalties?


    Realistically, nowhere, small claims decisions are not binding, but they can be persuasive (which is concerning). However, this decision seems so perverse that it would be unlikely to hold any water. It is (as has been said) that the judge does appear to be opening the door for an appeal.
  • lescm19
    lescm19 Posts: 44 Forumite
    bargepole wrote: »
    He has decided in favour of the Claimants, on the basis that although the parking charges can be classed as penalties, there is 'commercial necessity' for them, as without them PE would be unable to operate, and their landowner clients would not be able to manage their car parks.

    Pay and display car park owners should have to run them in a similar way to the Bristol Eye Hospital manages their car park (see Pranksters blog here). There is no need for the 'parking chaos will ensue otherwise' scaremongering.
    Not sure how something would work in a free time limit car park...
    cheers
    Les
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    esmerobbo wrote: »
    Rules ? Did you mean conditions?
    Sorry, yes.
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Could this decision now see GPEOL losing at POPLA?
  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    I doubt it as this is just a small claim decision just like the rest
    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:
  • salmosalaris
    salmosalaris Posts: 967 Forumite
    Fergie76 wrote: »
    Could this decision now see GPEOL losing at POPLA?

    If the BPA Ltd change their CoP of course it could .
  • carandbike
    carandbike Posts: 65 Forumite
    Bantex wrote: »
    If the terms clearly state "no return same day" or whatever where is the manipulation.

    Just like a floater you can't get rid of....

    What if husband / wife both use the same car and don't know the other visited the same car park?

    I bet we all wish we were as perfect as you. :A
  • Umkomaas
    Umkomaas Posts: 43,445 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    salmosalaris wrote: »
    If the BPA Ltd change their CoP of course it could .

    Yep, let's change the rules so we can win! However contract law still applies - and that law includes 'no GPEOL'.

    Are the BPA going to chance formally rewriting their code in apparent direct conflict with the law? I don't think HHJ Molloney creates the law. Risky!
    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
  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I think GPEOL is still a safe bet...



    Luckily POPLA recently upheld a 'single point of appeal' based on ANPR being unreliable, so hopefully that's a potential new 'silver bullet' to replace GPEOL [not that I think POPLA will start rejecting GPEOL].
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
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K 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.
Update Your Picture