Suing the landlord after winning appeal

Herzlos

pappa_golf wrote: »

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


in the small claims court?

Can you imagine how quickly UKPC would sink if the court ordered them to fork out for the time people spend dealing with their scams, especially when it became common knowledge?

OP - you have almost nothing to lose in taking the landlord to a small claims court for the reasonable costs you wasted defending something they could have just cancelled. A well written Letter Before Action might get them to just pay up (even if they win, they'd almost certainly lose money defending it).

I honestly think this is the only approach that'll bring down the private parking scam. Making the PPC's too toxic and expensive to hire.

DP_Bunnies

pappa_golf wrote: »

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

I can understand the need for parking restrictions to stop people using it as a car park for the town centre and they have my sympathy on that point but they need to be reminded that sometimes there is a genuine need to overstay the arbitrary 15 minute period and they need to be flexible.

pappa_golf

the reason for the POPLa result please?

DP_Bunnies

pappa_golf wrote: »

the reason for the POPLa result please?

No evidence provided of contract between ParkingEye and the landowner

pappa_golf

OK , so the land owner replies "nowt to do with me guv , there was no contract , told you before , contact PE , not me"

Herzlos

Nothing stopping you taking both the landowner and PE to court.

pappa_golf

or wait until the landowner clearly admits that there was no contract , then hit the BPA and DVLA with complaints about PE.




POPLa SHOULD report back to the BPA and DVLA every time a situation arrises where no contract can be produced , and the miscreant (in this case PE) should be financially penalised and sanctioned








OH look , flying pigs ahead

DP_Bunnies

pappa_golf wrote: »

OK , so the land owner replies "nowt to do with me guv , there was no contract , told you before , contact PE , not me"

Or on the other hand the landowner knew PE were operating on their land without a proper contract without trying to stop them and are now an accessory to PE's malpractice

bargepole

DP_Bunnies wrote: »

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?

I don't share the others enthusiasm for this. In order for a claim to be successful, you would need to be able to prove that you suffered losses as a result of the landlord's actions (or inaction), or that they contractually agreed to pay your charges, which they clearly didn't as their message to you states.

I'd be very surprised if a District Judge upheld such a claim, and he may well consider it vexatious, in which case you might be held liable for the other side's full cost of defending it.

But no harm in sending the landlord a formal Letter Before Claim, that may well prompt them to offer a 'goodwill' gesture of some payment, without any admission of liability on their part, naturally.

pappa_golf

DP_Bunnies wrote: »

Or on the other hand the landowner knew PE were operating on their land without a proper contract without trying to stop them and are now an accessory to PE's malpractice

nope the landowner was letting PE put signs up , and doing the l/lords dirty work for free , only when the %hit hits the fan does it emerge that there is no valid contract


I think taking the l/owner to court is pointless , likewise PE