Parking Eye issue 17k court claims

Fergie76

Was there not a post on here last week or so, where PE never turned up and there was another one where they never turned up, but neither did the defendant so PE got a default win.

Stroma

Parking Eye could be deemed vexatious by judges when judges wake up to the fact that this company lies through their teeth in court, the CoA of Beavis could be the wake up call should it be won by him. The point though is that they are not going to court that many times , I doubt whether it gets to court in more than 15%-20% of the time, the courtlist suggests that

andy_foster

A vexatious litigant is one who repeatedly issues claims which are totally devoid of legal merit.

If we apply HHJ Moloney QCs correct finding that without intellectual dishonesty it is impossible to say that the charge is not a penalty, with the basic public policy principle that penalties are unenforceable under contract law, all such claims are totally devoid of legal merit.

Whether or not PE routinely lie (and I can understand why people say that they do) is broadly speaking a separate issue.

edit:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03/pd_part03c

Coupon-mad

Bumping this so people can see ParkingEye's notoriety and can complain to their MP and the Dept for Transport that the BPA's lies (during the reading of the Bill) about the number of court claims have resulted in this routine hounding of the public, with court case numbers not being reduced by POFA 2012 but escalating obscenely.

Bantex_2

I thought all these court cases failed as the tickets were just unenforceable invoices.

If that is the case the only losers are the parking companies.

Redx

Bantex wrote: »

I thought all these court cases failed as the tickets were just unenforceable invoices.

If that is the case the only losers are the parking companies.

yeah right

and strange as it may seem , I have just seen elvis working down our local chip shop too

one of many examples to test your theory below

http://forums.moneysavingexpert.com/showthread.php?t=5035324

or this newpaper article

http://www.westbriton.co.uk/Parking-company-director-phased-trips-court/story-20935058-detail/story.html

Herzlos

That's what, 83 claims a day? There's no way the are capable of attending them all, so surely that means they are obviously only doing it to scare people into paying (I can't remember the correct term).

ColliesCarer

Herzlos wrote: »

That's what, 83 claims a day? There's no way the are capable of attending them all, so surely that means they are obviously only doing it to scare people into paying (I can't remember the correct term).

Not every claim they issue results in a hearing. Many people ignore the claim and then P E win by default. Others pay up. Also P E rarely attend themselves and use a legal rep instead

Maybe the term you're looking for is coercion?
i.e. the action or practice of persuading someone to do something by using force or threats.

synonyms for which are:
force, compulsion, constraint, duress, oppression, enforcement, harassment, intimidation, threats, insistence, demand, arm-twisting, pressure, pressurization, influence

trisontana

Don't forget that for each claim issued, the fragrant Rachel claims £50 for a "solicitors fee", even though she presumably receives a salary from PE. £50 times 17,000 means she is claiming a potential £850,000.

bargepole

ColliesCarer wrote: »

Not every claim they issue results in a hearing. Many people ignore the claim and then P E win by default. Others pay up. Also P E rarely attend themselves and use a legal rep instead ...

Of those ~17,000 claims, fewer than 2,000 will see the inside of a courtroom.


So about 8-10 a day, for which PE never turn up themselves, they use the national network of advocates supplied by LPC Law, who charge PE around £250 per hearing.


As the claims are almost always for under £200, and only in very rare cases are full costs awarded to the claimant, that means that with court fees, PE are losing around £100 for every case they win, and £400+ for every one they lose.


If somebody went on Dragons' Den asking for investment in a that kind of business model, what would Duncan Bannatyne say?