Beavis - how can we go further?

ampersand

bargepole wrote: »

He did have a top-notch QC. Sa'ad Hossain was one of the youngest barristers to get silk, and has won many high profile cases involving contracts and penalties. That's why we chose him.


The issue was that their Learned Lordships considered other issues which were outside the scope of the grounds of appeal, and effective made their ruling on the basis of several assumptions, for which there was no evidence.


Mr Hossain made the correct arguments on the legal points, as acknowledged in the judgment, but the Judges decided to explore other issues, and unfortunately, despite Andy and myself trying to give him a crash course on the murky world of private parking, he wasn't really on top of those arguments.


It would be difficult, if not impossible,[STRIKE] to find [[/STRIKE]STRIKE]a QC [/STRIKE]for anyone to be on level terms with Lie's lot[who do little else]after a last-minute top-up course on a new subject within their arcane field[STRIKE][STRIKE]who is au fait with all private parking matters[/STRIKE], at that level they just don't generally have any involvement with such cases.[/STRIKE]

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bargepole - how did you read Mr Hossain's response to this shabby outcome, or is that question improper?

Northlakes

In this case I think the judiciary went skiing 'off piste' or was it half p****d?

RICKY_LIAR

I am sure I am missing something here, but I was under the impression Mr Beavis lost - twice. Fortuitously, I had no intention of funding Mr Beavis' barristers bill.....kinda got the impression, not only did he lose but had to ask for a further appeal. Not the type of legal advice I would happily pay for - then again ( and after looking at Duedil) I get the impression Mr Beavis is more than relieved he wont have to pay for any further appeals.

Marktheshark

The last resort is European court of Human rights.
Article 7 No punishment without law.
A penalty is a punishment designed to deter.
The PPC model is claimed to deter people from parking to the detriment of the owner by punishing those who ignore them with a penalty .

As parking on private land is not a offence as per legislation then any punishment by penalty is unlawful.

bazster

Mr. Beavis hasn't paid any barrister's bills and isn't going to. Sa'ad Hossain QC represented him pro bono at the Court of Appeal, and Barry has had no fewer than three QC's offer to represent him pro bono at the Supreme Court.

He has settled on John de Waal QC, the barrister who wrote the recent headline-hitting RAC Foundation paper on the unlawfulness of private parking charges.

Barry's recent appeal was merely to pay the fees for filing his appeal with the Supreme Court, something that needs to be done within a few weeks.

But hey, don't let the facts trouble you, after all the private parking "industry" rarely does.

RICKY_LIAR

Again, although valiant in your response, mr beavis lost - again.....
Headline Hitting RAC Foundation paper on unlawfulness? Sorry, I missed that when reported in the Times.....and I must have been out when the BBC and Newsnight aired Mr De Waal's bone cruising and devastating...er...opinion.

Marktheshark

If nothing it has harmed the PPC industry via bad publicity and pointing out to car park owner you can get a grand a week out of them, when many are probably letting them in for nothing.
This alone will start a bidding war for sites.

bod1467

RICKY_LIAR wrote: »

bone cruising

Is that a new torture technique?

RICKY_LIAR

Again Mark - how WILL this action harm the likes of Parking eye? Before this long overdue case, the regulars and appeals companies (pretending to be regular contributors on here) pinned their hopes on the appeal courts decision. Sadly, they were wrong and Beavis lost. Not once have any of these regulars have the decency to accept responsibility for the poor and misguided advice - that has cost others people money.

RICKY_LIAR

.....and have look at our hero on Deudil.....I wonder how many other people have been left ever 'so short' when our perpetual appealer decided to 'cease' trading......