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Parking eye. County Court Claim

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  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 15 December 2014 at 10:08AM
    I am amazed that PE are going ahead with this, I cannot see how they can possibly win.

    Judges are human do not have to rigidly follow the law. e law ky the law. They are bound to consider mitigating circumstances, and yours are persuasive, you had a lot of shopping to do and you lost track of time.

    You breached a term in a contract which has absolutely no benefit to consumers or shop-owners, and which is solely intended to enrich a parking company.

    No one has lost from your overstay, in fact the retailers and service providers

    Personally, I would not bother arguing law, I would just go on mitigation and appeal to the Judge;s common sense, but I would make sure that I was properply dress. full uniform of plumed bicorn, Wilkinson sword, frog. and black patent jemimas. (you may have to look that last one up).
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 December 2014 at 10:09AM
    You breached a term in a contract which has absolutely no benefit to consumers of shop-owners, and which is solely intended to enrich a parking company.

    Isn't cannibalism a criminal offence? :eek:

    Not your finest typing moment TD!
    e law ky the law
    No one has lost from your overstay, in fact the retailers and service providers .....?
    Judge;s common sense
    I was properply dress

    Appeal drafting fatigue?
    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
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    I am gad to see that you follow my posts so closely UK
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,417 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The_Deep wrote: »
    I am gad to see that you follow my posts so closely UK

    I always do; always interested in your take on things. :)
    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
  • A two page argument of substance is worth far more than 100+ pages of gumph, there's even the possibility it may get read
  • The_Deep wrote: »
    I am amazed that PE are going ahead with this, I cannot see how they can possibly win.

    Judges are human do not have to rigidly follow the law. e law ky the law. They are bound to consider mitigating circumstances, and yours are persuasive, you had a lot of shopping to do and you lost track of time.

    You breached a term in a contract which has absolutely no benefit to consumers or shop-owners, and which is solely intended to enrich a parking company.

    No one has lost from your overstay, in fact the retailers and service providers

    Personally, I would not bother arguing law, I would just go on mitigation and appeal to the Judge;s common sense, but I would make sure that I was properply dress. full uniform of plumed bicorn, Wilkinson sword, frog. and black patent jemimas. (you may have to look that last one up).

    This is risky advice . By all means introduce mitigation to get the court on your side , it's a powerful weapon . However to rely on it is foolhardy , a DJ could decide a case on one of numerous points and to pre-guess which one it may be could be costly . Get the DJ on your side with the justness of your case but also give them a legal peg or two to hang their coat on .
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 15 December 2014 at 11:06AM
    I agree, it is not for everyone, but I would certainly give it a try, if the judge did not buy it I would fall back on the legals. From what I am reading, most judges are now aware of the PPCs' conning ways.
    You never know how far you can go until you go too far.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    edited 15 December 2014 at 5:15PM
    The_Deep wrote: »
    I agree, it is not for everyone, but I would certainly give it a try, if the judge did not buy it I would fall back on the legals. From what I am reading, most judges are now aware of the PPCs' conning ways.

    Different material from me then, Deep. Too many judges are awarding cases on Beavis. Hopefully, after March, sanity may prevail. :beer:
  • Hey Gurty - follow up on Coupon Mad's advice now - to take some heat off you - as well as ensure you include everyone's take, e.g. if you can show the receipts of the day's shopping/lunch + there was no loss to the landowners. Did PE send you a contract between the landowner and themselves?
    **********************************************
    Trying to educate people to stop littering the country side in trail races!!!
    **********************************************
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