Catoninetails in da house!

TDA

Half_way wrote: »

As for the price escalation clause if this is true and most importantly can be tested then this could cause grief to the PPCs as well.

If PE win Beavis (in terms that make it applicable to all their car parks) that would be something best kept schtum about, otherwise it would be bye bye early discount on all of PE's now commercially justified penalties...

nigelbb

Half_way wrote: »

IAs for the price escalation clause if this is true and most importantly can be tested then this could cause grief to the PPCs as well.

Some PPCs have an extreme price escalation clause with not only a 'discount' for payment within 14 days but an even larger 'discount' if paid within 24 hours.

Fight_the_good_fight

Has the cat lost her tongue

Hopefully they will have seen by their trolling all they have done is re invigorate members to keep up the good fight

The_Deep

Hopefully he/she will see that we are not all ill-informed zealots.

BlackSpangle

Castle wrote: »

In Makdessi v Cavendish:-"The Court of Appeal found that the clauses were unenforceable penalties. They weren’t genuine pre-estimates of loss, and weren’t commercially justified."

In the interests of completeness, in PE vs. Beavis, HHJ Moloney concluded that all of the conditions of extravagance, unjustifiability and predominant purpose of deterrence need apply. The £85 charge was definitely for deterrence, but it wasn't extravagant or unjustifiable.

Unfortunately, his logic in reaching that conclusion seems very odd: namely that PE would go out of business if they didn't have that charging model, therefore their charging model is justified. By the same token, why wouldn't PE charge £300 per ticket, or £500? Again, it seems odd to define that a particular business model has a right to continue, and that the law must uphold any profit model which is not manifestly illegal.

But no doubt the CoA will be considering this, too. Hence all the questioning about whether PE really would get sacked if they didn't charge £85 a pop.