Suing the landlord after winning appeal

DP_Bunnies

A few weeks ago I won my POPLA appeal for this (staying 30 minutes in a 15 minutes drop off zone):
https://forums.moneysavingexpert.com/discussion/comment/70199348#Comment_70199348

While I was working on the appeal I contacted the management company to see if they'd see sense.

My first email to them was a friendly appeal to good sense but they refused and told me to appeal to ParkingEye.

In my second email I told them that after looking into the matter it was clear there were issues with ParkingEye's practices and as they appointed ParkingEye as their agent they would be liable for my costs. I gave an hourly rate. Again they refused to retract the charge and told me they would not be liable for costs.

I replied stating that they had no choice in whether or not they were liable for my costs and suggested they were unfamiliar with parking law and consequent liabilities. They didn't respond to that at all.

Now recouping the money for the many hours I spent appealing this would be very nice but what's really nagging at me is that companies like this contract out their parking arrangements to the likes of ParkingEye without a second thought. I feel that suing them might make them think twice about employing companies with questionable practices.

Do I have anything to lose by sending the landlord my bill and pointing out ParkingEye's failings? Would it be worth taking it to the small claims court if they refused to pay? My fear is not that I would lose the court fee if I lost but whether or not they had any comeback i.e. counter suing me for damages caused by my car stopping on their land for an extra 15 minutes or for time they would have to spend defending?

Browntoa

Did you notify the landlord by letter or email about your charges or did you just speak to them on the phone ?

prjohnsonnn10

Im in court with UKPC in 6 weeks time to recover my costs for time and costs as the whole popla / appeal process was progressing though with clear notice in advance that IF i won at POPLA I would look for these costs to be paid. They never responded of course but all invoices sent registered post etc etc


Will let you know how I go - I didn't name the landlord in it and I am just pursuing UKPC as the PPC .


UKPC are going to defend it as they say it 'would set a dangerous precedent...'

DP_Bunnies

Browntoa wrote: »

Did you notify the landlord by letter or email about your charges or did you just speak to them on the phone ?

I emailed them. I didn't speak with them on the phone at all.

pappa_golf

UKPC are going to defend it as they say it 'would set a dangerous precedent...'


in the small claims court?

Fruitcake

The only thing you have to lose is the time and money it will cost you to bring this to court, plus any costs against you if you lose.

Since parking lie lost at PoPLA that decision is binding on them. I don't see how they could take this further but you never know with parking scumpanies.

beamerguy

prjohnsonnn10 wrote: »

Im in court with UKPC in 6 weeks time to recover my costs for time and costs as the whole popla / appeal process was progressing though with clear notice in advance that IF i won at POPLA I would look for these costs to be paid. They never responded of course but all invoices sent registered post etc etc


Will let you know how I go - I didn't name the landlord in it and I am just pursuing UKPC as the PPC .


UKPC are going to defend it as they say it 'would set a dangerous precedent...'

I applaud you for doing this. If you won at POPLA, then UKPC must answer why they issued the ticket in the first place which wasted your time and cost you money.

As it will be county court, there will be no precedence set but it would be dangerous for UKPC as it will then be in the public domain for many others to follow. I think the Parking Prankster would be interested in this.

Maybe then everyone who appeals to the PPC should have a clause written in, that if an appeal thereafter to POPLA or IAS is successful for the motorist, then proceedings will be issued against the PPC to recover costs.

If you win and logic says you will, it will shake these cowboys up

The_Deep

A precedent, (of sorts), has already be set.

http://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

Have you read CPR27.14(2)(g)

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27


Go after them, it could be the final straw

DP_Bunnies

Fruitcake wrote: »

The only thing you have to lose is the time and money it will cost you to bring this to court, plus any costs against you if you lose.

Since parking lie lost at PoPLA that decision is binding on them. I don't see how they could take this further but you never know with parking scumpanies.

It's not the parking company I'd be suing, it's the landlord. They had the power to cancel the charge before I wasted so much time in the appeals process and I did make them aware there were issues with ParkingEye's practice in this case.

I thought the point of the small claims court was that companies couldn't claim legal costs back from you if you lost which would normally be so prohibitively expensive as to prevent the average person from suing them in the first place.

pappa_golf

DP_Bunnies wrote: »

It's not the parking company I'd be suing, it's the landlord. They had the power to cancel the charge before I wasted so much time in the appeals process and I did make them aware there were issues with ParkingEye's practice in this case.

I thought the point of the small claims court was that companies couldn't claim legal costs back from you if you lost which would normally be so prohibitively expensive as to prevent the average person from suing them in the first place.

they cannot bring huge charges , about £50 for in-house solicitor's (as per PE charge) , if they want to hire perry mason for the day , they stand it not you. unless you appear to be obstructive by the judge


if you win your case with a landlord , then he may have to think of alternative means of protecting his land , or simply making it unavailable for use

beamerguy

DP_Bunnies wrote: »

It's not the parking company I'd be suing, it's the landlord.

It has to be the PPC as they infest car parks all over the UK and just suing one landlord would not have a nationwide effect