Court appearance tomorrow

bryan_the_dog

In court tomorrow so was having a catch up here, interesting to see new Parking (Code of Practice) Bill signed into law, obviously defence and WS already submitted, just wondering if i could shoehorn this in to my advantage somehow.

beamerguy

bryan_the_dog wrote: »

In court tomorrow so was having a catch up here, interesting to see new Parking (Code of Practice) Bill signed into law, obviously defence and WS already submitted, just wondering if i could shoehorn this in to my advantage somehow.

Problem is, we don't yet know what is in the bill.

A judge can only rely on what is put in front of him.

Hope you have done your costs schedule ..... good luck

bryan_the_dog

Thanks for your reply, i haven't prepared a costs schedule and am not sure of the rules regarding this, would there be a template somewhere?

bargepole

beamerguy wrote: »

Problem is, we don't yet know what is in the bill.

We know exactly what is in the Act (no longer a Bill), it's all published on the Government website.

What we don't know, is what will be in the new Code of Practice, which hasn't been written and consulted on yet.

But none of this has any relevance to current court cases, the new Code, when finalised, will not apply retrospectively.

D_P_Dance

But none of this has any relevance to current court cases,

Are you sure Mr C?

Supposing OP is up in front of a judge who is familiar with the scam, perhaps they have been ticketed themselves, are you saying that they MUSTiignore it.

Get your MP on board OP, this is/was 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 become so widespread that MPs agreed to enact a Bill to regulate these scammers. It received The Royal Assent today.

OP, give it a try, print this off and show it to him/her.

https://www.thisismoney.co.uk/money/cars/article-6813537/Private-parking-firm-crackdown-government-reveals-new-laws.html

It is the clear intention of Parliament that this scam is curbed.

bargepole

D_P_Dance wrote: »

But none of this has any relevance to current court cases,

Are you sure Mr C?

Supposing OP is up in front of a judge who is familiar with the scam, perhaps they have been ticketed themselves, are you saying that they MUSTiignore it.

I'm 100% sure that a Judge in a County Court can only apply the law as it stands at the time, and not base a decision on future laws that may be passed, or debates in Parliament.

There are many Judges out there who recognise what a scam the whole private parking industry is, and will go out of their way to find a reason to dismiss the case, sometimes even on a point not argued in the defence.

Unfortunately, there are others who think Beavis makes all charges enforceable, and are not interested in any defence arguments.

BTW, Mr D, time to change the script starting "this is an entirely unregulated industry". The MPs have done their bit, the Parking (Code of Practice) Act 2019 is now on the statute book, and it's now up to those civil servants, and stakeholders representing consumers and the parking industry, to come up with a draft Code to be sent out for consultation.