Small Claims Court Letter - N.Ireland. 28 August 2018 at 3:20PM edited 27 September 2018 at 3:38PM in Parking Tickets, Fines & Parking 120 replies 5.8K views

Coupon-mad

I hope you realise why what you said earlier is the exact opposite of what you want to say...be careful. The driver acted of their own volition and free choice.

System

CM. I had the same initial thought as you about the now missing statement, but it can actually help if that statement was made for two reasons

1. If the OP tries to hide something, it can lead to adverse inference by the judge. I also have a seeking suspicion that there is something in the earlier exchanges with the claimant that would reveal this anyway.

2. If it has been admitted or VL proven, then it is no big deal as the facts support the idea of Beavis not applying. As Beavis is all about drivers being a nuisance (mischief) to others, then it is the opposite here as the actions were all about removing any nuisance.

The OP could write to the claimant and offering a "drop hands" as on the facts presented, there was no nuisance, Beavis is differentiated and continuing is a waste of everyone's time. Add a list of costs that the OP is claiming should they want round 2.

MercurialNo.10

I do think the law of agency is a stretch on reflection, my job role has Manager in the title, but I work part time and have no authority over any other staff members.

I also think that if the claim was upheld, it may be arguable (legally, not by myself!) that the charge is unenforceable as it is outside the conditions around Beavis and to be quite frank, absolutely extortionate considering the condition of the car park and the charging system put in place.

It has also come to my attention that the PPC are not the landowners, who are the Housing Executive NI (Social housing provision here)...as it happens I am aware that the site in question is to be developed for housing need in the next 2 years or so, the site has already been surveyed and the project has been delayed (had been due to start in 2019 afaik).

I wonder how the landowners might feel about the PPC charging these prices to consumers (many of whom I'm sure are in the benefits/social housing system), on a site with no marked bays, 2 places where signs are with miniscule font T&C's, no lighting, no CCTV, no barriers, completely filled by coarse gravel, with holes in the main fence and the fact there was a large pile of prospective bonfire material in the car park at the time of the 'contraventions', along with how empty it was.

A FOIA request to the MOJ about cases brought by this PPC and others in the Court system in Northern Ireland would be interesting...all I know is there would be a number less than 2 in the Contested Hearings column...and with 2 settling before me, I have intense doubt this was the PPC's first time in Court. If the arrangement I was offered is anything to go by, people are being fleeced as a matter of regularity.

I also made a point of telling the PPC's representatives about the horrendous stress and strain these automated letters and actions that don't take much for them to do (with an operating profit of £1.3m and 10 administrative staff) cause. That case about the lad with parking tickets that escalated to £1000+ and resulted in his suicide was a harrowing story, I mentioned that to them too. I'm lucky that I have a different view of financial matters in the grand scheme of things and I possibly have a level of capability many who do not have the funds for legal advice do not have.

(Maybe edit anything about editing the thread too!)

MercurialNo.10

Does this car park look worthy of a £90 non-compliance charge to anyone? Oddly my suspension needed a tweak before the MoT this year...

https://ibb.co/cks62f

Umkomaas

Looks like it's been cluster bombed!

MercurialNo.10

But don't dare fight at Court!

BEAVIS BEAVIS BEAVIS! THREAT BULLY THREAT!

MercurialNo.10

https://www.flickr.com/photos/johndmcdonald/albums/72157682708332362

It looked like this when it didn't look like the Somme.

beamerguy

MercurialNo.10 wrote: »

Does this car park look worthy of a £90 non-compliance charge to anyone? Oddly my suspension needed a tweak before the MoT this year...

https://ibb.co/cks62f

First car park I have ever seen with so many potholes

I would have thought they would have lots of claims for damaged wheels etc ....... they can pass them on to the landowner ?

"Car Park Services Ltd. is a member of the BPA" ???

Thought the BPA did checks on their members car parks ?
Oh well just another lie then

MercurialNo.10

So we're back in soon and it's all vicarious liability and Launchbury vs. Morgans.

The skeleton argument was served almost 2 months after it was formed and arrived on the Saturday before a bank holiday which stinks tbh.

Coupon-mad

What happened?