ParkIT Management - GPEOL Argument....?

BrownTrout

ParkIT Management is one of the few parking firms in the UK who charge clients for their services rather then relying on PCNs (according to their director)
Now if a parking firm charges for its services to its client, does that GPEOL loss/penalty argument come back into the water with this firm (just curious) or is it still a dead duck?

Castle

No... it just means that any driver's contract is with their client; who would have to demonstrate commercial justification for the PCN's.

(I'm assuming that ParkIT will account for the 20% Vat on their "services".)

Umkomaas

I don't think that GPEOL has ever gone away, it's just much more difficult to argue in private parking cases post-Beavis. If a PPC is claiming 'damages' (rather than a contractual charge) then arguably GPEOL could/should kick in. 

But you need an extremely savvy Defendant and a clued up Judge to even hope to argue the case. We rarely see the former, and there are worryingly too few of the latter. Add to this is the lack of legal forensic examination of the finer details and Supreme Court judgment being undertaken in the small claims court and given the decisions we've seen, many Judges just see Private Parking - GPEOL - Doesn't Apply - Beavis - Guilty as Charged, cough up!

That's my take, FWIW!