Excel lose application to set aside SIX struck out parking charge cases where £60 was added

The_Slithy_Tove

Lamilad said:

To rebut the C's position that they still had the right to pursue the claim without the added charge, I submitted that without this the rest of the claim was doomed to fail as it was their case that the £60 covered admin and debt recovery costs, so with that removed how could they justify the £100 charge given that Beavis stated that this included the 'operational costs of running the scheme'. So even if the claim continued it would immediately fail Beavis and therefore have no prospect of success (it was Coupon Mad who put this argument in my head 😏 )

I like that one - good thinking C-M.

In some ways, Excel should be allowed to appeal. When the appeal crashes and burns, as it should do, then it becomes case law for re-use.

BrownTrout

The_Slithy_Tove said:

Lamilad said:

To rebut the C's position that they still had the right to pursue the claim without the added charge, I submitted that without this the rest of the claim was doomed to fail as it was their case that the £60 covered admin and debt recovery costs, so with that removed how could they justify the £100 charge given that Beavis stated that this included the 'operational costs of running the scheme'. So even if the claim continued it would immediately fail Beavis and therefore have no prospect of success (it was Coupon Mad who put this argument in my head 😏 )

I like that one - good thinking C-M.

In some ways, Excel should be allowed to appeal. When the appeal crashes and burns, as it should do, then it becomes case law for re-use.

No it wont be case law is only set by higher courts such as the court of appeal etc