Beavis - how can we go further?

atilla

Castle wrote: »

Maybe the price of "cakes" will have to go up to say £5,000 per week since their charges are apparently "legal". At £85 a go, you would only need 9 PCN's per day to break even, so PE can easily afford it!

But until a couple of weeks ago all the chancers were claiming it costs them the thick end of £100 per ticket to process.

Castle

atilla wrote: »

But until a couple of weeks ago all the chancers were claiming it costs them the thick end of £100 per ticket to process.

More like £10 for the ticket, £90 for the appeal!

Half_way

Marktheshark wrote: »

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.

Kind of makes a mess of the argument that its a commercially justified penalty based on local authority fines..

If it does go as far as possible that is if its lost at the SC and goes on to the EU ( or its a win for Barry at the SC) then there may be some media attention along the lines of drivers entitled to refunds.

If that does happen then hopefully attention will be turned on the major land owners/car park owners - the likes of Morrisons, ASDA, ALDI, Sainsburys, Tescos etc etc etc to provide these refunds, as the PPCs will just phoenix to avoid having to pay out.

TDA

Marktheshark wrote: »

The last resort is European court of Human rights.

I wasn't aware that Parking Eye had ratified the European Convention of Human Rights?

Also, even if you could bring a case against PE in that court (spoiler alert: you can't), Article 7 relates to criminal offences. These charges are not even penalties in the eyes of the Court of Appeal. The idea that this would go to the ECtHR is so far off base.

Half_Way wrote:

If it does go as far as possible that is if its lost at the SC and goes on to the EU ( or its a win for Barry at the SC) then there may be some media attention along the lines of drivers entitled to refunds.

The ECHR and ECtHR have nothing to do with the European Union. Can't really see this going to the ECJ either to be honest...

Half_way

On the EU/EEA/EFTA front the RAC foundation dod mention something about European contract/consumer law, and how it could be read that the PPCs could be seen to be in breach of that.

TDA

Half_way wrote: »

On the EU/EEA/EFTA front the RAC foundation dod mention something about European contract/consumer law, and how it could be read that the PPCs could be seen to be in breach of that.

I would imagine that this would relate to the UTCCR which of course were introduced to give effect to the Unfair Consumer Contract Terms EU Directive. So the UTCCR is 'european' consumer law in that sense, and the regulations were considered in the Beavis case.

Certainly there won't be any recourse to the European Court of Human Rights here.

Cornucopia

The danger, of course, is that if the Powers That Be don't satisfactorily address these kinds of issues, then there will be summary justice brought to bear.

The PPCs cannot win. It is simply a matter of how it is resolved, and whether they have a business left at the end of it.

RICKY_LIAR

Ah, and again you are confused Baster with who I am and what I do. How do you know I have not used another name? the regulars have praised the appeals services, some work and run them. Still, no admittance of being wrong whatsoever........my understanding, thanks to using mse in a previous life is that they cannot stand being proved wrong. Some set up a despicable business, lying and cheating. Oh course the parking industry needs wholesale change. But not for the profit of the regulars on mse.....

Fight_the_good_fight

Ricky from your previous posts you obviously hold a grudge and may be somewhat naive.On first arriving on this forum it can appear daunting but after carrying out research via this forum and PPP you soon come to learn that as I and no doubt countless others than you have a good chance of overcoming these unsolicited invoices.Note that I say good chance not a 100% cast iron guarantee and from reading the associated posts YOU make an informed decision to either pay up or fight on the understanding there is a chance you may come unstuck.To date I am 5 and 0 with recent success against Care Parking and PE post Beavis and could not have done this without all the advice offered on here and from my own research.I took the decision to challenge but fully accept that on any other given day as in a court of law the decision could have gone the other way,as they say there are only two certainties in life taxes and death,you pay your money and take your chances