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I'm excited... think I may have found a new paragraph in my latest DRP saga

Sent a letter to DRP regarding harassment....


I think I have a new paragraph after 'their findings'


'If you do not pay by the deadline, I draw your attention to the following important court 'test' where judgement was entered for a parking company when the charge was disputed on multiple grounds. The senior judge found completely in the parking company's favour Parking Eye Ltd v Beavis & Wardley (2014).


Is this a new bit?
Challenges - repay all credit cards by end of 2015
Starting the savings for retirement :rotfl:

DS aged 14, DD aged 3 :j

Comments

  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    SJP wrote: »
    Sent a letter to DRP regarding harassment....


    I think I have a new paragraph after 'their findings'


    'If you do not pay by the deadline, I draw your attention to the following important court 'test' where judgement was entered for a parking company when the charge was disputed on multiple grounds. The senior judge found completely in the parking company's favour Parking Eye Ltd v Beavis & Wardley (2014).


    Is this a new bit?

    Nope!

    Forum search/Google search 'ParkingEye Beavis'. This is going to the Court of Appeal, so there is no final decision.

    More smoke and mirrors from DRP.
    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
  • SJP
    SJP Posts: 682 Forumite
    Ah well :)


    I'll add it to my ever growing pile....
    Challenges - repay all credit cards by end of 2015
    Starting the savings for retirement :rotfl:

    DS aged 14, DD aged 3 :j
  • esmerobbo
    esmerobbo Posts: 4,979 Forumite
    Part of the Furniture 1,000 Posts
    Makes a change from them quoting Stephen Thomas I suppose.

    http://www.debtrecoveryplus.co.uk/debtor/judge.php
  • SJP
    SJP Posts: 682 Forumite
    I've got to admit hubby is getting worried....
    I shall keep all this paperwork at work out of his way...
    Challenges - repay all credit cards by end of 2015
    Starting the savings for retirement :rotfl:

    DS aged 14, DD aged 3 :j
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Dear DRP,

    I draw your attention to the fact that the case you mention is being heard in the court of appeal in February 2015. Meanwhile, the judgment has already been overruled in small claims cases. In PE v Cargius, the judgment was ruled not to be applicable in paid for car parks. In PE v Park Furnishers, the unfair terms in consumer contract regulations 1999 was found to apply, and take greater precedence than commercial justification.
    Dedicated to driving up standards in parking
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    In my view this is a falsehood, an attempt to obtain monies by misrepresentation of the facts, and a matter for your local Trading Standards Officer.

    The HJ did not find completely in PEs favour, he agreed that it was a penalty. In any event PE are quasi landlords at that car park, the situation is completely different.
    You never know how far you can go until you go too far.
  • Herzlos
    Herzlos Posts: 15,918 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It's definitely deceptive, and must be worth reporting to the BPA.
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