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One Parking and Llangrannog - again!

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  • Coupon-mad
    Coupon-mad Posts: 151,220 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 January 2024 at 8:44PM
    Thanks for posting this. @ParkingMad will be interested.

    Astonishing:

    Man in Welsh-language parking penalty battle claims company ‘harassed’ him

    "Toni Schiavone, who refused to pay notice written in English, says car park firm ‘threatened’ him with £10,000 legal costs bill".

    Last we heard, their application got thrown out in 2023:
    https://forums.moneysavingexpert.com/discussion/comment/80252221/#Comment_80252221

    "In a bilingual hearing, Deputy District Judge Owen Williams said the application had been made on the basis of a rule that did not apply to small claims.

    He told Richard Mullan, One Parking Solution's barrister, that he had been badly advised by the company's lawyer.

    The court ordered One Parking Solution to pay Mr Schiavone's travel expenses of £27.90, which he said he would donate to a cancer charity."

    Now they back at him again:

    "At a hearing on Friday, the judge, Gareth Humphreys, said it was unfortunate the case, which has become a cause celebre among Welsh language champions, had dragged on for so long and asked the company to consider whether it was worth pursuing. Otherwise, a county court hearing to decide the case will take place at a later date.

    The judge, sitting in Wrexham, north Wales, confirmed that the cost schedule he had received was for £10,156 and dated 24 January. He said this “certainly would not be allowed” because Schiavone had not acted unreasonably."

    So, they are throwing another barrister at a consumer - frightening him with a FIVE FIGURE costs assessment that they know or should know, doesn't even apply where the other party hasn't acted unreasonably.

    OPS are an embarrassment IMHO, racking up ludicrously disproportionate costs, even higher than when they went after Norma Wilshaw and blindsided a (contract law clueless) Circuit Judge, HHJ Simpkiss at Lewes court, who ordered her to pay over £3,000.  His flawed fudgement went VERY badly wrong (so badly, that the case is rarely relied upon by the industry...). 

    I'd be willing to bet that QDR are behind this again.

    They don't let things lie (and - this time - it looks unreasonable, in my opinion, based on this and parking cases they've dragged on) and IMHO it does the industry no favours when the DLUHC see reports like this.

    It is why bulk litigators should not be involved.  Small claims should not be open to abject abuse by wheelclampers and their hired suits.
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