Yet another court victory for motorist against private parking company

[legaladviser]

Over on Pepipoo a member is reporting that another PPC, UKPAO, have chickened out of a court hearing with a motorist (hearing was due in a month). The laughable excuse is that a vital witness cannot be located. Yeah right! Of course I can in no way confirm that I was involved in preparing the defence which caused the PPC to yet again run for the hills.

[interesting]

THIS IS NOT A COURT VICTORY.

It did NOT go to court and you have no evidence to prove that the reasons the PPC gave are not valid (ok, we all have our opinions and on the balance of probabilites it could be false) - but no factual evidence exists as to it being a false statement.

FACT - A court victory is a case that has been heard by the court and a judge deciding in 1 persons favour after hearing the evidence.

[robin9342]

Its still a victory for the motorist as UKPAO clearly realised they didn't have a hope of winning their case. Seems they have used the "witness" excuse to save face.

[interesting]

Originally Posted by robin9342

Its still a victory for the motorist as UKPAO clearly realised they didn't have a hope of winning their case. Seems they have used the "witness" excuse to save face.

I would tend to agree with you.

[battyboomboom]

Ok Interesting, it's not a court victory, but it's a victory and a defeat of a PPC in a civil claim.

[legaladviser]

The matter was before the court. A hearing date had been fixed. The PPC has pulled out before they were humiliated in court. This is a win in a court case, despite what PPC troll "interesting" says. Yet another example of cowardly PPCs failing to live up to the hype (lies). Wonder what excuse Perky will come up with when he is beaten? The dog ate my legal argument?

[legaladviser]

Originally Posted by interesting

Thats very useful information, thank you legaladviser.

A complaint that is ongoing should not be discussed with any individual, especially a person who is personally unknown to the individual (eg, yourself legaladviser).

I will forward a print out of your comment and sent it to the relevant professional standards department on Monday who I suspect will be interested in the fact it is being discussed in public before an outcome has been reached.

But on that note, the PPC has to await the outcome of any complaint before proceeding with formal legal action in the civil courts - especially in a case like this which is 'complicated' due to the individual concerned. (I also doubt you are aware of all the facts surrounding this case, so probarly best to be quiet - you have undoubatly caused your friend more issues already)

EDIT. Clearly you are aware of the case as you have just confirmed it. So it has been discussed with you. EDIT.

[interesting]

Originally Posted by legaladviser

The matter was before the court. A hearing date had been fixed. The PPC has pulled out before they were humiliated in court. This is a win in a court case.

So everytime a PPC gets a judgement it is a victory in court then !!! strange way of looking at it.

Originally Posted by legaladviser

Wonder what excuse Perky will come up with when he is beaten? The dog ate my legal argument?

Well as it hasnt happened yet, it would be wrong to speculate.

I would say the chances of it happening to any case you are involved in are slim anyway (seeing the standard of your defences) - but will have to wait and see.

I suppose he would just say "its only the county court and the judge was having a bad day" - as YOU presumably know only too well how strange the county court system is.


What should be happening is the likes of you and others who beleive all PPC tickets are unenforceable should be working with a PPC on select number of cases to bring a case high enough up the court system for an authoritive judgement to be given that would end the uncertainty that people have about the PPC.

The same as the OFT & Banks agreed to bring a test case to end uncertainty.

We all know that there are crooks out there in the parking game (the same as most other professions) but it is only when clarification is made by people from both arguments sharing views that clarity is made.

You seem quick to slate perky, but he has been the only one to try and post cases and put a valid argument forward.
Also, if you search the newsgroups/forums there are very very few cases posted by people thinking that a ticket perkys company issued is unfair when compared to certain other companies.

Sites like this, and some of the posters thrive on things being unclear so they can stand on their soapbox.


The way forward is a ticket issued correctly (ie. not a 5min overstay) .. but example a person parked in a private carpark they had no right to be in and a ticket issued.

it goes to court with correct arguments .. 1 person loses and puts in an appeal on a legal ground.
This gets referred to the next level court (Circuit) and again the losing party puts forward an appeal and it goes to court of appeal.
THEN and ONLY THEN is clarity given.

[battyboomboom]

The main problem with taking it to the Court of Appeal Interesting, is that for it to get there a knowledgeable and wealthy defendant would need to be taken to court by a PPC - and as you well know that doesn't happen because they would lose. And a PPC if they lost wouldn't take it all the way because they would lose!

[pt2537]

Ok, Legal advisor and Interesting

Please stop the insults .

if you are unable to respond in a polite manner then DONT RESPOND AT ALL

i have more important things to do with my time than monitor your insults slinging and if this continues i will just start unapproving all off topic and insulting posts ,

you have been warned

[battyboomboom]

Originally Posted by interesting

You carry on hiding behind your alias - maybe, just maybe 1 person one day will be a big enough person to admit they might be wrong and put the theroies to the real test .. alas, legaladviser you are clearly not that big of a man to be that person.

Why not be big enough to show your qualifications, and stop your idiocy when it comes to your quite obviously jealousy towards LA. Nothing he has said has made me or others doubt his qualifications, and it has been confirmed by this site and Pepipoo - I know who I'd rather give me advice on these types of matters....

[Barnsley Boy]

Those of us who have been following the Abbie & UK PAO case on Pepipoo with more than a little interest have been somewhat deflated by this result.

I'm pleased for Abbie of course, she never wanted the hassle of a day in court anyway. She was simply put in a situation where she felt she could not in all conscience do otherwise than tell UK PAO where to get off.

The odds really are against us ever getting our day in court. The PPCs may continue to fly kites, making the odd MCOL claim, reviewing the defence, which they get to see well prior to the actual court appearance. They then decide whether to proceed with the claim or run for the hills. I think there is something wrong with the system here. Once a party has started litigation it should only be possible to stop it by mutual agreement between the parties or by application to the judge. This right to unilateral cessation seems far too casual and leads to apparent abuse of process.

I know I've said this before but I'm also tired of hearing "THIS IS NOT A COURT VICTORY" about this and other cases by the PPC brigade. Whilst technically correct it attempts to convey a misleading message.

[tomterm8]

Barnsley Boy,there is no abuse of process, since it is entirely possible (according to the Civil procedure rules) for a defendant to file for a set aside of the discontinuance.

Right to apply to have notice of discontinuance set aside

under

38.4 (1)Where the claimant discontinues under rule 38.2(1) the defendant may apply to have the notice of discontinuance set aside (GL) .
(2)The defendant may not make an application under this rule more than 28 days after the date when the notice of discontinuance was served on him.

[pt2537]

Originally Posted by Barnsley Boy

Those of us who have been following the Abbie & UK PAO case on Pepipoo with more than a little interest have been somewhat deflated by this result.

I'm pleased for Abbie of course, she never wanted the hassle of a day in court anyway. She was simply put in a situation where she felt she could not in all conscience do otherwise than tell UK PAO where to get off.

The odds really are against us ever getting our day in court. The PPCs may continue to fly kites, making the odd MCOL claim, reviewing the defence, which they get to see well prior to the actual court appearance. They then decide whether to proceed with the claim or run for the hills. I think there is something wrong with the system here. Once a party has started litigation it should only be possible to stop it by mutual agreement between the parties or by application to the judge. This right to unilateral cessation seems far too casual and leads to apparent abuse of process.

I know I've said this before but I'm also tired of hearing "THIS IS NOT A COURT VICTORY" about this and other cases by the PPC brigade. Whilst technically correct it attempts to convey a misleading message.

I agree on a few points,

i have my own battles going on with my local authority with regards to their unlawful DPE so parking issues are something of interest to me too


while it is technically not a court victory, we had the same arguments when the banks settled the claims without going to court, they claimed that they had settled as a gesture of good will. the question that needs to be asked is if they had a strong viable winnable case why discontinue?

i dont think i need to say any more on that point

in the next few weeks i hope with the help of the BBC,ITV and a few other media institutions be able to bring to the publics attention,certainly in my local area,how my local authority has abused the DPE system and their flawed PCNs and many other issues


regards
paul

[Rooster-UK]

To legaladvisor and interesting.

Both of you have been asked on a number of occasions to stop the constant insult-hurling and sniping at each other.
Your antics help nobody on this site.
We have over 170,000 users who need good advice and help.
I am sure that if you could both lay off the constant back-biting and bitching at each other, you could help a lot of people with the knowledg that you possess.

On the other hand......

If you continue in this manner then this thread will be closed without further warning.

Regards, Rooster-UK.

[Barnsley Boy]

Tomterm8,

I do of course bow to your greater knowledge on the subject, it is always best to shut up when someone knows more than you do.

Thanks for the information.