MSE reports Beavis case filed at the S.C.

Redx

http://www.moneysavingexpert.com/news/protect/2015/06/motorist-takes-parking-charge-challenge-to-highest-uk-court?_ga=1.103143360.1978678623.1397491114

today marks the day that the Beavis case is filed on appeal with the Supreme Court , according to the above article

his twitter account also reports it, plus reports of trolling by Parking Companies too

trisontana

It's a pity the good folk on MSE used that council ticket envelope to illustrate the article!

4consumerrights

trisontana wrote: »

It's a pity the good folk on MSE used that council ticket envelope to illustrate the article!

Mind you be fair Kirk did say it was a Penalty in the COA hearing which did cause a ripple of laughter ....



What is more the pity is the good folk on MSE failed to provide a link or advice to this parking forum, but mentioned their "advice" guides which are DIY jobs and will not assist the majority of motorists.

matttye

Just to let you know the Supreme Court is not the High Court.

Redx

matttye wrote: »

Just to let you know the Supreme Court is not the High Court.

when I was reading either that article or the twitter feed or possibly something else, I though the H.C. was mentioned for some reason, possibly where it says Highest Court , if it was its now been amended as I can only see Supreme Court mentioned now, which is correct, and Highest Court , meaning the S.C.

so I have edited the post #1 to S.C. only, so thanks for the info

trisontana

I wonder if Parking Eye will mention this new appeal in the paperwork they send out to their victims. Going on past form they probably won't, and will instead give the impression that the case is finished and the motorist should just pay up.

Umkomaas

It will be really interesting to see how POPLA now respond to a request for a stay. But recently they seem to be looking below the GPEOL appeal point and upholding on the basis of contract, locus standi or signage.

So to me it isn't worth asking for a POPLA stay, rather get that stage of the appeal over and done with. If you win - that's it, game over for PE.

If you 'lose', it's not binding on the motorist. Don't pay. If PE advance things to Small Claims Court level, then that's the time to pray-in-aid the Supreme Court and request a stay.

trisontana

Umkomaas wrote: »

If you 'lose', it's not binding on the motorist. Don't pay. If PE advance things to Small Claims Court level, then that's the time to pray-in-aid the Supreme Court and request a stay.

That raises another point, will PE or their legal reps inform the court about the appeal? Going on past form, they probably won't

Umkomaas

trisontana wrote: »

That raises another point, will PE or their legal reps inform the court about the appeal? Going on past form, they probably won't

No, possibly not, but a motorist, advised by one of the forums, undoubtedly will. How will that look for PE when the Judge asks them 'Is this true?'

Northlakes

Umkomaas wrote: »

It will be really interesting to see how POPLA now respond to a request for a stay. But recently they seem to be looking below the GPEOL appeal point and upholding on the basis of contract, locus standi or signage.

Contract and locus standi appeal points will now become very interesting appeal points. These guys will not want to divulge contract details. It will show, either how much they are paying a landowner/lessee for the 'fishing rights' or whether they are paying anything at all. Obviously we have seen that the big retail landowners such as Peel and Savills (as land agents) are well versed in extracting 'fees' from PPC'S. The smaller fry might start having a go at this as well. Interesting times ahead!

bargepole

trisontana wrote: »

That raises another point, will PE or their legal reps inform the court about the appeal? Going on past form, they probably won't

From what we've seen so far, the Courts are generally aware of the appeal, and in many instances have written to defendants, ordering a stay of their case, and asking for a copy of the Notice of Appeal.


I had one yesterday, where the court order said "It is ordered that this action is stayed until the expiry of time to lodge an appeal in the case above mentioned, or if such appeal is brought, the final disposal thereof."


So PE could have a whole raft of cases sitting in the 'pending' tray for 12 months or more.