UKPC - Crawley Leisure Centre parking outside lines

MoneyTwister

That was their argument in the file (above)

Technics

I don't see where they've proven an initial loss. The one they spent all this other money chasing. They need to prove one (an initial loss to them, caused directly by the supposed breach of contract. After proving the contract even exists) for all the other "consequential losses" to be considered (let alone justified). I would be seeking to make that point clear to the assessor.

MoneyTwister

Yes, I have responded stating that the opening statement is not correct:

>>
UK Parking Control Ltd (UKPC) is entitled by common law to be fully compensated for the
genuine pre-estimate of loss stemming from the appellant’s breach of contract
>>

There is no financial loss in a free car park were no space was lost due to the "breach"

MoneyTwister

Not sure if that will still reach the file though as the case is heard tomorrow ...

Technics

It looks like UKPC have been looking ParkinEye's shoulder and copying notes.

Seeing they are citing the HHJ Moloney judgement, defences against it will be relevant to this appeal even though it is with UKPC and not ParkingEye. That judgement applies to a very particular set of circumstances that applied in that case. It's also the subject of an appeal. They have selectively quoted parts of a ruling (one that doesn't set legal precedent) without giving context (I.e. context that would harm their argument). So it would also be worth raising the standard defence against it. The parking prankster has some notes about how to do this but I can't post links here yet so you may have to search.

Technics

MoneyTwister wrote: »

Not sure if that will still reach the file though as the case is heard tomorrow ...

Submit it anyway. In the unlikely event it ever goes to court you may be able to use the argument that the POPLA failed to consider all submissions when making a determination if the PPC argues that the POPLA decision should be considered.

Coupon-mad

MoneyTwister wrote: »

Not sure if that will still reach the file though as the case is heard tomorrow ...

No it's not - POPLA always runs a week late at the moment.

MoneyTwister

Thanks for that, submitted it.

MoneyTwister

Read up on the HHJ Moloney case, and see a few items which have been highlighted by the Parking Prankster, but not sure what the "killer statement" would be to send to POPLA without using too many irrelevant points?

Coupon-mad

That there was no initial loss, you have got it already I think!