Premier Park Ltd Vs Fighter1986

Fighter1986

Premier Park Ltd (via BW Legal) issued me with a PCN two years ago due to an alleged overstay.

I let it go to court. Had the hearing yesterday and won.

I provided a defence and evidence showing that the service provider (The Gym Group) had advertising all over their website and signage all over the car park confirming that the carpark was for members only, but with no mention of time limitations.

I had also provided video evidence showing the bold presence of the signage which had no mention of a time limit, and the relative obscurity of any signage referencing a time limit on stay.

I did not have to utter a word during the hearing.

The judge utterly ripped the claimant a new one, using words like "Piffling", "pathetic", and "nonsense". 

He was a great sport. I offered to mention one or two extras atop my previously submitted defence and evidence, he said to me "I've always thought it best not to try pushing against a door which is already open" before continuing to decimate the claimant. 

The claimant appealed against the judgement to which the judge responded "I appreciate your reasons however I have already addressed those points but I will re-iterate my responses in case you didn't catch me first time" ... "Appeal denied".

All round a very satisfying and entertaining 35 minutes. 

D_P_Dance

What about costs?  The PPC has wasted your timr, now waste theirs. read this.

https://forums.moneysavingexpert.com/discussion/6309238/pcs-parking-charge-help-please#latest

95Rollers

Great result. Great Judge. Which court was it? 

Fighter1986

D_P_Dance said:

What about costs?  The PPC has wasted your timr, now waste theirs. read this.

https://forums.moneysavingexpert.com/discussion/6309238/pcs-parking-charge-help-please#latest

TBQH this didn't incur a penny loss my side and there's no cost which I'd be able to substantiate / evidence.

Besides which, I have found the entire process quite entertaining and have no desire to lower myself to their level. 

I'll keep it in mind in case another crops up which does incur costs. I have another ticket being heard in January. That's gonna be tougher. Fingies crossed ☺️🤞

Fighter1986

95Rollers said:

Great result. Great Judge. Which court was it? 

He was indeed a great judge. 

It was Exeter County Court. 

D_P_Dance

TBQH this didn't incur a penny loss my side 

What about your time?  The going rate for a litogent in persom is £19 an hour.  From what you have told us. the PPC' behaviour in bringing this claim was unreasonable.  

Piffling, pathetic, and  nonsence are not words one expects a judge to throw at a claimant.  You appear to be in s good position to damage this scammer.

95Rollers

D_P_Dance said:

TBQH this didn't incur a penny loss my side 

What about your time?  The going rate for a litogent in persom is £19 an hour.  From what you have told us. the PPC' behaviour in bringing this claim was unreasonable.  

Piffling, pathetic, and  nonsence are not words one expects a judge to throw at a claimant.  You appear to be in s good position to damage this scammer.

I would definitely take action against them citing the judges very quotes. The fact that they "ought to know " this was going nowhere being "experienced" carpark operators/ legal companies - but yet continued to push this "piffling pathetic nonsense " all the way costing you time, effort and mental energy. 

Coupon-mad

It's not worth a claim for non existent costs and you would be told that was piffling too!

Well done to the OP.  Court can indeed be entertaining and exhilarating,

ANOTHER PREMIER PARK ONE BITES THE DUST!

Fighter1986

Coupon-mad said:

It's not worth a claim for non existent costs and you would be told that was piffling too!

Well done to the OP.  Court can indeed be entertaining and exhilarating,

ANOTHER PREMIER PARK ONE BITES THE DUST!

The case was heard via Teams, I participated from the comfort of my lounge so I wouldn't even be able to claim travel costs. That, and by pure happenchance I'm between contracts at the moment anyway, start my next on Monday so I can't even say I've lost any income or been forced to use leave allowance etc. 

I really don't mind. The whole process has been worth the entertainment value alone.

The other ticket I have a hearing for in January is going to be a tougher win.

I was parked in a yellow hatched area right outside the entrance to a hospital unit doing my duty as an NHS Field Engineer delivering critical medical electronic equiptment in torrential rain. 

The receptionist had given me permission and my NHS ID was left in my windscreen, the claimants having a photo of the same.

No one was inconvenienced or prevented from entering / exiting the building and had I parked further away, the rain could have damaged medical electronics. 

it's gonna be a tougher argue. This one is v. First Parking LLP... 

...My defence is logged thus:

"The claimant has alleged that I entered into a contract with their
firm to be potentially liable for services rendered by choosing to
park on site at the location mentioned in their papers however no
such contract exist.

No agreement exists, express or implied between myself and the
claimant for services rendered or other liabilities.

In addition, the alleged parking infaction was in fact a delivery
of sensitive essential medical IT hardware during a rainstorm.

I was at the time employed as an Installation Engineer for Devon
Partnership NHS trust, making a devlivery and performing
installation of IT hardware. I had to park very close to the
entrace to the building in question in order to prevent damage to
the IT equiptment. I had consent of the receptionist on site at
time to park where I parked. I left staff ID in my windscreen
which the claimant photographed.

I find it in very poor taste that any body would attempt to sue an
NHS Professional for acting in their line of duty to deliver
essential supplies to a healthcare provider in a manner which
ensures said equiptment is not damaged by adverse weather
conditions.

I have already written to the claimant explaining the below:

'Further to my perusal of the attached evidence I wish to clarify
several points:

1. I arrived on site as per my duties as an NHS Field Engineer to
install and replace critical medical equipment
2. I was advised by reception that I would be alright to leave my
car directly outside to unload
3. The vehicle had to be parked this close to the entrance to
ensure sensitive medical equipment was not damaged by the
prevailing rain present on the day and visible in the photos you
sent
4. There was no PCN on my car when I returned to it; either it had
been removed or washed / blown away
5. I never received a follow up letter or was I given any
opportunity to dispute a PCN until I received a letter from DCB
legal a week or so ago
6. Had I seen a PCN on my vehicle upon my return I would have
dealt with it on the day
7. Had I received anything through the post sooner, I would have
dealt with it sooner
8. No contract exists between you and I for the additional
services you have chosen to render and subsequently added to my
alleged balance
Taking in to account all of the above, I refute any liability for
the alleged £130 balance you claim I owe.

I now consider the matter closed'"

Coupon-mad

Very good.  What's the deadline on that one for your WS and evidence?

Fighter1986

Coupon-mad said:

Very good.  What's the deadline on that one for your WS and evidence?

I think they've passed. I couldn't get hold of anyone at the trust to provide a witness statement.