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ParkingEye v Beavis at the Supreme Court: What’s Happening This Week

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  • bazster
    bazster Posts: 7,436 Forumite
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    He did state a few minutes ago that PE's loss is not £85, or anything like it, or indeed anything!
    Je suis Charlie.
  • atilla
    atilla Posts: 862 Forumite
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    Well, cap'n kirk doesn't come across as the most confident either. Bet their Lordships couldn't wait for lunch.
  • Umkomaas
    Umkomaas Posts: 41,410 Forumite
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    atilla wrote: »
    Well, cap'n kirk doesn't come across as the most confident either. Bet their Lordships couldn't wait for lunch.

    They certainly know when lunch calls. Shutters down, off to the Queen Vic, pickled egg and a pint of bitter!
    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
  • bazster
    bazster Posts: 7,436 Forumite
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    As far as I'm aware no-one has spelled this out to any of the judges this has come before:

    We are told this is a space-maximisation scheme, but is it? We know that both PE and the landowner make money from it directly, and we also know that neither PE nor the landowner has any retail takings to be affected one way or the other. Perhaps it's not a space-maximisation scheme at all, but simply a profit-making scheme for PE and the landowner.
    Je suis Charlie.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
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    The loss can be mitigated to zero by doing nothing.
    More needs to be said if they are claiming loss where is mitigation principal.
    I do Contracts, all day every day.
  • mo786uk
    mo786uk Posts: 1,379 Forumite
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    bazster wrote: »
    As far as I'm aware no-one has spelled this out to any of the judges this has come before:

    We are told this is a space-maximisation scheme, but is it? We know that both PE and the landowner make money from it directly, and we also know that neither PE nor the landowner has any retail takings to be affected one way or the other. Perhaps it's not a space-maximisation scheme at all, but simply a profit-making scheme for PE and the landowner.

    So what?

    Courts are not averse to profits being made and I would not expect that to change.

    Kirk did briefly mention that there is a wider benefit to land owners and the public.

    I would argue in my town centre PPC do clearly make people move on and create spaces for new customers in busy spaces.

    For the record I think private parking should be fully regulated by statute with fees set out in legislation. I think £85 is excessive. At the same time I don't buy the arguement that they serve no purpsoe at all and only exist to make money (which is a given - why else would they exist) - but I do think they are a necessity - unless all car parks became barrier entry or something.
  • ManxRed
    ManxRed Posts: 3,530 Forumite
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    If there is a benefit to landowners then THEY should be the ones paying. That completely removes the incentive to ticket as many people as possible to increase profits.
    Je Suis Cecil.
  • bazster
    bazster Posts: 7,436 Forumite
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    mo786uk wrote: »
    So what?

    So plenty. You evidently haven't been paying attention. The carmageddon scenario (which Kirk will major on) and the social justification that the CoA invented go completely out of the window if it's just a money-making scheme and not a space-maximisation scheme.
    Je suis Charlie.
  • atilla
    atilla Posts: 862 Forumite
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    ooh, Cap'n kirk tripped himself up and got pulled by the bench. Good show.
  • bazster
    bazster Posts: 7,436 Forumite
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    atilla wrote: »
    ooh, Cap'n kirk tripped himself up and got pulled by the bench. Good show.

    What happened? (In an open office now so can't keep watching!)
    Je suis Charlie.
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