Sunday Times Article - One Parking Solution

Coupon-mad

it is it is also being discussed on Pepipoo forum.

Redx

northcountry said:

Thank you for your continued support of my friend and your suggestions and comments.  This judgment is clearly questionable on so many levels.  Just in case anyone new joins the conversation here, I am posting the link to the Argus again as it does have the fundraising link at the end. https://www.theargus.co.uk/news/19345921.driver-must-pay-almost-4k-one-parking-solution-stopping-eastgate-wharf-lewes/?action=success#comments-feedback-anchor

Thank you for your support during my enforced holiday

I see that the total is still increasing which is good news for Norma , pray that it continues to do so because she could not afford to appeal and borrowed to pay the judgment, meaning that particular legal avenue is now closed, just a matter of the money now 👍👍

Jenni_D

FYI - clicking that link only takes you to this thread ... MSE have "hacked" it. Copy/paste the text however ............

The total is currently sitting at £1,910

Coupon-mad

There was an error in the court order which an eagle eyed person spotted and it was resolved under the ‘slip rule’ to save £500 but the Defendant had to borrow to pay £3152.

A disgusting outcome in a case that was won at first and now has a judgment with errors and wrong presumptions, regrettably.  Easy enough to explain to other Judges how badly flawed this judgment is, in my opinion, but unprepared Defendants will no doubt struggle. 

I suppose a few Judges might possibly think it is persuasive...

...but it would be a rare Judge who doesn’t know about DVLA and BPA rules about signed landowner authority (part of a mandatory data-safeguarding framework that the Supreme Court said it ‘wouldn’t be right’ to ignore)

... hopefully it’s even rarer to find a Judge who is prepared to disregard the Consumer Rights Act 2015, which Judges are not allowed to ignore (s71 creates a duty on all courts to consider the fairness of both terms and signs). 

Coupon-mad

I hope people read this and don’t just run.

zhonguonuren

Apologies for absence (enforced holiday) - hope OP is doing ok in the very difficult circumstances.  

If would be great if new readers would  take time to read through this thread and support.  

Coupon-mad

The newspaper article isn't quite right on the sum of money that the victim had to pay because the Judge managed to add it up wrong - £500 against Norma.  Beggars belief.

Others have posted that article before on this thread and it's in the public domain so I think it's OK to post about here, but as I said, there was an error in the court order which an eagle eyed person spotted and it was resolved under the ‘slip rule’ to save £500 but the Defendant has had to borrow to pay £3152.

A truly horrific example of a bad appeal decision achieved because a PPC threw money at it, resulting in a really badly determined judgment with errors and wrong assumptions that assist no-one, by a Circuit Judge who had apparently never seen a parking case before and by all accounts, knew nothing about his duty under s71 of the CRA 2015 nor that indemnity clauses in consumer contracts are rendered unfair by that Act.  

It doesn't even help the parking firm as they now have a judgment that confirms that, had she stayed less than 10 minutes, no PCN would have been payable.  That will scupper plenty of their court cases in future.

 

Trainerman

Forgive me for adding to an old post, but it is still possible to donate, and I just did. Help the lady out , folks

Jenni_D

Jenni_D said:

FYI - clicking that link only takes you to this thread ... MSE have "hacked" it. Copy/paste the text however ............

The total is currently sitting at £1,910

3 months later and it's only increased by £30