Exemplary damages

BillandTed

Has anyone had any success with exemplary damages?


My initial scan of the site is that nobody makes a counter claim for exemplary damages. I think there is a reasonable case to make here, but am very wary of putting anything on the public forums.


Does the established forum membership have any views?


BillandTed

Johno100

"Exemplary damages" for what exactly?

BillandTed

Sorry. I realised after I posted that the context might not be clear, despite it being in the parking forum...


Scenario:
Parking company proceed to action n relation to a claimed PCN infrigement
Slight-moderately unreasonable behaviour to date towards the registered keeper
Claim manifestly unwarranted - covered by *lots* of wording on the site


Want to bring claim for exemplary damages in relation to their behaviour.


I recognise that this will open up a world of pain, but ...


B&T

Umkomaas

Snowball and hell spring to mind.

You seem to have the same circumstances as 95% of other motorists dealing with private parking charges.

But if you've got deep pockets and can win serious money, I'm sure the other 5.5million motorists getting private PCNs this year will see you as a folk hero.

We all thought Barry Beavis was going to be one ......

BillandTed

But has anyone tried so far?

BillandTed

Or even thought about it and chosen not to go there?

Coupon-mad

Yes, but it's not a subject for a counter claim, it's just a case of setting out all of the unreasonable conduct, painting that picture clearly to reach the high bar required, and asking for costs on the indemnity basis, like Sassii & other residents succeeded with, more than once:

https://forums.moneysavingexpert.com/discussion/5748128/pcm-gladstones-want-a-revenge

Sassii now says:

Hi below is the court costs orders and struck out cases I'm going to delete that post Sunday evening as pcm still want to sue me for other 2 cases and for other residents cases as well.

£1705 costs order
https://www.keepandshare.com/doc16/21773/court-order-e3gf46k3-pdf-18k?da=y

£448 costs order
https://www.keepandshare.com/doc16/21775/n-tank-court-order-costs-448-pdf-2-7-meg?da=y

Struck out order as pcm didn't serve WS to Defendant
https://www.keepandshare.com/doc16/21774/sunderland-strike-out-pdf-471k?da=y

I'm going to next step to sue Management company (MC). MC now said pcm will be removed from site since last July and the survey results shows residents don't need pcm but MC wasting time and keeping pcm on site.

pogofish

BillandTed wrote: »

Does the established forum membership have any views?

Not... This... Again...!