This Stinks!!!!

beamerguy

I think such a story should be sent to Piers Morgan of Good Morning Britain.  He already has taken on hospital parking and his brother is a soldier ......  .... he loves blackballing idiots like SRS

Snakes_Belly

"I'm not sure on what the appeal could be based. Did the Judge err on a point of law (not point of empathy)?  I think a fresh claim under the auspices of the EA2010 might be better, with VCS and the landowner jointly pursued." 

Would the ECA2010 override the parking operators terms and conditions? 

What about Frustration of Contract? Given that the renewal BB was probably delayed (as most things are at the moment) he would not have been able to display the blue badge. It is obvious that his blue badge would have been renewed.  It's not to say either that he did not apply for the renewal in good time. I applied for something recently to a Government Department and it took months.  

In a recent case (Claire) the claim by VCS was dismissed in Birmingham. Pretty much the same scenario other than Claire had inadvertently used her old expired badge. It seems very unfair that a Birmingham Judge dismisses the case yet a Welsh Judge decides in favour of the Claimant.  I know it's a lottery but to do this to a man who has lost his legs in a war zone. It beggars belief.   

Fruitcake

Umkomaas said:

Snakes_Belly said:

I hope that a barrister will take on an appeal for this man on a      pro- bono basis. 

I'm not sure on what the appeal could be based. Did the Judge err on a point of law (not point of empathy)?  I think a fresh claim under the auspices of the EA2010 might be better, with VCS and the landowner jointly pursued. 

The CRA test of fairness does not seem to have been applied. This has to be considered by the court even if it is not brought up by the defendant. If the judge did not apply this then he erred in law, so an appeal could be on those frounds.

I told my Aunty/MiL who is disabled but doesn't have a blue badge and she has just added comments to section 5.3 of the PAS about this. The rest of my family and I will also be going back and quoting the case, plus the fact that the CRA test of fairness was not applied.
I suggest everyone else does the same.

Snakes_Belly

beamerguy said:

I think such a story should be sent to Piers Morgan of Good Morning Britain.  He already has taken on hospital parking and his brother is a soldier ......  .... he loves blackballing idiots like SRS

I have already bashed a few emails out Beamer. Not to Piers though. Good idea.

Snakes_Belly

beamerguy said:

OMG, the man SRS is just an animal ..... feel sorry for him for being such low life

"You can dress a pig in suit but it will still grunt"  Marco Pierre White.

beamerguy

Snakes_Belly said:

beamerguy said:

I think such a story should be sent to Piers Morgan of Good Morning Britain.  He already has taken on hospital parking and his brother is a soldier ......  .... he loves blackballing idiots like SRS

I have already bashed a few emails out Beamer. Not to Piers though. Good idea.

I am sending this to Piers.  Using BCC, it will also go to David Lammy, Shadow Secretary of state and The Rt Hon Robert Buckland QC, THE secretary of state.

Enough is enough with poor judges and parking vermin

D_P_Dance

I have no doubt that this judge will be "given guidance".  

Snakes_Belly

beamerguy said:

Snakes_Belly said:

beamerguy said:

I think such a story should be sent to Piers Morgan of Good Morning Britain.  He already has taken on hospital parking and his brother is a soldier ......  .... he loves blackballing idiots like SRS

I have already bashed a few emails out Beamer. Not to Piers though. Good idea.

I am sending this to Piers.  Using BCC, it will also go to David Lammy, Shadow Secretary of state and The Rt Hon Robert Buckland QC, THE secretary of state.

Enough is enough with poor judges and parking vermin

I have sent an email to Nicolas Bowen QC. He is the barrister that took on a parking company and he is from Wales. Also emailed my MP Amanda Milling and asked her to forward my email to Robert Jenrick. She did forward my last email about the CoP. 

Enough is enough. They have pushed it too far with this. 

I shall also make comments on the consultation as suggested by Fruitcake. 

Umkomaas

Would the ECA2010 override the parking operators terms and conditions? 

It's more a point of 'service providers' needing to comply with the Act. They can't concoct T&Cs to avoid it. 

What about Frustration of Contract? Given that the renewal BB was probably delayed (as most things are at the moment) he would not have been able to display the blue badge. 

And by extension ....... not having the right change/money in my pocket to purchase a ticket - frustration of contract?

I'm afraid that without seeing an actual transcript of the hearing, and all the evidence presented by both sides, assumptions based on sympathy aren't going to get very far. Even if appealed, all this is likely to result in is a cancellation of the £150 judgment. 

But an EA2010 claim really drags in both principal and agent and the quantum commences at £500. The ensuing publicity will also be much more damaging than any quietly reversed judgment. 

If you're on the emailing trail, why not send one to Helen Dolphin of DMUK (similarly severely disabled and a wheelchair user) and ask if she will help the motorist to commence EA2010 action against the PPC and landowner. 

https://www.disabledmotoring.org/

Oh, by the way, she is the darling of the IPC who have funded some of her organisation's activities.  Oh, and also by the way, she's one of SRS's mates too, his website bearing the imprimatur of DMUK.

https://excelparkingservices.co.uk/

Let's see where her principles lie!

Snakes_Belly

Umkomaas said:

Would the ECA2010 override the parking operators terms and conditions? 

It's more a point of 'service providers' needing to comply with the Act. They can't concoct T&Cs to avoid it. 

What about Frustration of Contract? Given that the renewal BB was probably delayed (as most things are at the moment) he would not have been able to display the blue badge. 

And by extension ....... not having the right change/money in my pocket to purchase a ticket - frustration of contract?

I'm afraid that without seeing an actual transcript of the hearing, and all the evidence presented by both sides, assumptions based on sympathy aren't going to get very far. Even if appealed, all this is likely to result in is a cancellation of the £150 judgment. 

But an EA2010 claim really drags in both principal and agent and the quantum commences at £500. The ensuing publicity will also be much more damaging than any quietly reversed judgment. 

If you're on the emailing trail, why not send one to Helen Dolphin of DMUK (similarly severely disabled and a wheelchair user) and ask if she will help the motorist to commence EA2010 action against the PPC and landowner. 

https://www.disabledmotoring.org/

Oh, by the way, she is the darling of the IPC who have funded some of her organisation's activities.  Oh, and also by the way, she's one of SRS's mates too, his website bearing the 

imprimatur of DMUK.

https://excelparkingservices.co.uk/

Let's see where her principles lie!

I still believe that if his blue badge had been applied for in plenty of time and was delayed that he would not have been able to fulfill the terms and conditions of the contract. Of course we do not know all the details.

I like your idea of going for something high profile especially with the consultation ongoing at the moment. 

SRS showing the imprimatur of DMUK on his website makes him a total hypocrite. He should be made to remove it.