County Court Claim - NCP Parking outstayed by 20 mins

Monseymoo

@Le_Kirk and @Redx absolutely!

I will fill in the government consultation thanks

Jenni_D

What precedence cases was the judge referring to? To my knowledge there are NO cases that set a precedence which rule that £100 is an enforceable charge. The only case which has any such bearing is PE v Beavis where their lordships adjudged £85 to be sufficient to cover all costs (including debt recovery) and profit ... and this was for a site where PE paid to operate there!

D_P_Dance

It sounnds to me as though the judge was unfamiliar with POFA.  and may well have erred in law.    If you  think that is the case complain here.  J

udge lottery has no place in the justice system..

https://www.gov.uk/complain-judge-magistrate-tribunal-coroner

Monseymoo

I am not sure of the actual case it was mentioned so quickly 

D_P_Dance

Beavis v PE?

https://www.supremecourt.uk/cases/uksc-2015-0116.html

Monseymoo

Yes it could have been it was all very quick the Claimant rep talked very fast 

Castle

Jenni_D said:

What precedence cases was the judge referring to? To my knowledge there are NO cases that set a precedence which rule that £100 is an enforceable charge. The only case which has any such bearing is PE v Beavis where their lordships adjudged £85 to be sufficient to cover all costs (including debt recovery) and profit ... and this was for a site where PE paid to operate there!

Agreed; the only one is Beavis and that was for an overstay, where there's no possibility of staying longer; therefore an economic loss.

In a pay & display a failure to pay is a financial loss and the legitimate interest is confined to the loss of revenue plus collection charges; so well short of £100.