Do I have a court case or not?

Sarajanebrown

I've read the newbies thread and as many of the threads as possible but can't find an answer to this. Can anyone help me? I got a ticket from a private company and appealed to the IAS. It was rejected and I was asked to pay the full cost and given examples where court cases have failed. I'm not sure what to do now as I don't know if I have a case or not.


I met a friend at a pub/hotel/park with my young children. I brought a ticket and paid the correct price but it fell off the dashboard. Their defense was that even though I brought a ticket it wasn't displayed correctly as per their rules that are clearly shown. They are also asking for £100 outside London which I believe is higher than it should be.

The_Deep

I don't know if I have a case or not.

It depends many factors, on the PPC (are they litigious), the signage, the contract, the documentation, the view of the landowner, etc., etc., etc,.

Fluttering ticket cases are often regarded by judges as a trivial matter,

https://en.wikipedia.org/wiki/De_minimis

and, as we all know, the Law does not concern itself with trifles.

Your ticket is a scam which should be brought to the attention of your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.t

Umkomaas

Nothing you've written indicates you have a court case coming up against you (if that's what you mean by your thread title). You may have in due course, but you'll get advance warning via a Letter Before Claim (or similar title) and official court papers.

They are also asking for £100 outside London which I believe is higher than it should be.

Which pub did you hear that in?

Standard charge is generally £100 whether in London or Inverness. Some charge a bit less, but it's not because of geography. The IPC/BPA Codes of Practice do not allow more than £100.

Does the car park belong to the pub/hotel? If so, ask them to get the ticket cancelled for a paying customer.

Sarajanebrown

Thanks The Deep - I've contacted my MP now :T


Umkomaas - the letter I got says that they regularly take people to court. I also don't want the stress of threatening letters. The one I had was bad enough. I will contact the pub.


I also forgot to say I have a copy of the ticket as evidence.

Umkomaas

I also don't want the stress of threatening letters.

None of us do, but they are just letters. The worst they can do is issue a court claim which is defendable. But you're reading a bit too much into this:

the letter I got says that they regularly take people to court.

A letter can say anything - and parking companies say lots of things that are extremely questionable.

Which parking company are you dealing with?

The_Deep

Many PPCs regularly take people to court, The ones we hear about, those to which we have contributed, are regularly won by the motorist.

As I said in my previous post, it is unlikely that a judge would consider a fluttering ticket a breach of contract so serious that he would award a claimant £100 for the damage which had been caused to them. Judges are not fools, they are well aware of the m.o. of these companies.