Another overstay with a Blue badge...ANOTHER WIN.

knightstyle

I will add that I thought the contract expirey date was a winner as the claimant had shown no proof that it was still in place but Excel had this in their witness statement and the judge said that was enough.

"I confirm that the term of the Landowner Agreement has been extended by mutual consent of the parties.

I refer to the decision in One Parking Solution Ltd v Wilshaw [2021] (Wilshaw) whereby it was found that it is not necessary for the Claimant to prove the Landowner’s authority to constitute a valid cause of action to recover the Parking Charge, what is required is proof that there is a binding contract between the Claimant and the Defendant. Further, it was found in Wilshaw that the contract between the Claimant and the Freeholder (Landowner) does not affect the validity of any contract between the Claimant and the Defendant."

Car1980

How can the contract be binding between the Claimant and Defendant if the Claimant didn't have the authority to make the offer?
Can I stick a sign on a random road and cash in? 

knightstyle

My thoughts exactly but I am not a legal expert!
One other thing to note is that I sent my bundle to the court using tracked 24 so the documents were printed by me in colour.
The claimants bundle was sent via email and were printed in black and white so car park boundaries in red did not show clearly.
The judge commented on this and used my pics whilst examining the claimants bundle.

Nellymoser

👏 great result. This nasty industry desperately needs regulated. Many people are pushing Govt to turn their verbal promises into action, MPs, parking groups, Steering group C-mad sits on and motorists. Please add your voice by signing some of the petitions 🙏

https://forums.moneysavingexpert.com/discussion/6595460/parking-petitions-x-7-on-uk-parliament-petitions-website