Suing Euro Car Parks?

KeithP

michaeln2504 wrote: »

Yes @KeithP
It's a no to both questions, but let me counter with another. If I suffer in an accident and get whiplash (never did on both counts) do I have a contract with the other driver to pay me the compensation? No. However when any damage occurred intentional or otherwise you have the right to claim against the one who causes it, am I wrong?

Ah... damages.

As someone said earlier, you need some evidence of your loss.

[Deleted User]

1. The claim intimated against the o/p was for breach of contract.
2. Whether or not the claim intimated may also amount to theft is irrelevant because the o/p was never accused or charged with theft.
3. Whether or not the claim intimated may also amount to a trespass is irrelevant because the o/p was never accused of trespass (and the PPC probably had no title to pursue such claims in any event).

You have no loss. You have no contract. You have not made clear what the breach of duty is. Based upon the posts, this appears to have ended quickly, so an injury claim (harassment claim or claim for distress) seems unlikely.

* You can, of course, issue proceedings - but do bear in mind that the more you claim, the more the issue fee will be.
* After issue, the Court could of its own volition strike out the claim if there was no proper basis for it under its case management powers.
* Naturally, without having seen any pleadings, no one can currently proffer any views on the quality of the pleaded case, but some pointers appear in the thread...
* The Defendant PPC could also apply to the Court to strike you out on the basis that the claim had no reasonable prospects of success. If you lost, you'd pick up the tab for that hearing, natch. Unlike most of the forumites, I suspect they'd stump up the £255 to make that happen, after all Beavis was hardly proportionate to the sums in dispute by the time they were done with him.

It's just a preliminary thought. Feel free to disagree and I certainly am not telling you what to do. But, having successfully defended a parking ticket you never should have been given, you appear perilously close to snatching a defeat and gifting c.£300 to Her Majesty's Courts and Tribunals Service. Good work. Principles cost money.

Computersaysno

You would have a good chance of compo under a DPA breach [no need to prove damages]...circa £250.


I'd do it....most companies will pay up as it costs them more to defend it..