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OPC LOSE AT APPEAL - Established contractual principles reinforced


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Useful for anybody fighting a private company at present, and in particular OPC cases ongoing.

 

OB Services Parking Consultancy Ltd vs Thirlow 10th February 2011

 

- sum amounted to an unenforceable penalty clause

- no loss caused by breach of contract

- common discount period reinforces lack of provable loss

- Arthur vs Anker and Vine vs Waltham Forest deemed irrelevant to private ticketing

 

Judgement page 1

Judgement page 2

Judgement page 3

 

As far as I'm aware, this is the first such case to go before a Circuit Judge and thus is rather more persuasive than an ordinary case before a District Judge.

Edited by Al27
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Come on you know perky ignores anything not to his liking including the law, the only thing he believes is his own drivel.

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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This could be an interesting development for Zeb77's Ingress Park case, which has been chosen to be representative of the many stayed claims by OPC against residents. Last I saw that is supposed to be heard today.

 

I wonder if OPC will bother turning up in the circumstances.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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:violin:

Come on you know perky ignores anything not to his liking including the law, the only thing he believes is his own drivel.

 

dpick

 

 

Like his alter ego Looplotty;

 

Slim guy with sound knowledge of contract law, successful business, master baker and parking expert W.L.T M ??:moony:

Edited by PPC $ cambuster

PPCs - Don`t pay their begging letters, don`t fall for the $ cam................. IGNORE PPC invoices

 

 

:amen:

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This may help if the drivel in the Freedom Bill becomes law.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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This could be an interesting development for Zeb77's Ingress Park case, which has been chosen to be representative of the many stayed claims by OPC against residents. Last I saw that is supposed to be heard today.

 

I wonder if OPC will bother turning up in the circumstances.

 

It was due to take place this morning yes

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Let's hope that he is aware of it and is permitted to use it in arguements. Either way, it's a great basis for any appeal if the worst happens.

MBNA - Agreed to refund £970 in full without conditions. Cheque received Sat 5th Aug.:D

Lloyds - Settled for an undisclosed sum.:D

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I've missed out on all this perky business? Who is this guy?

 

...just being nosy!

 

He's a Master of his trade and I believe his trade is Baiting

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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Quick summary from my hearing this morning:

No Tomlin or Lane (OPC's solicitor dealing with my case) in court this morning, but a barrister in their stead.

Barrister applied to have my case taken out of small claims track and into multi track, Judge agreed. Have timetable of things that will happen, ending in a two day trial with a Circuit Judge in July.

Two things here: 1) Judge wants this mess cluttering up his court sorted out once and for all. 2) OPC probably hope that I am going to be "priced out" of proceedings, and will settle out of court.

We'll see about that.

Their counsel commented that this will be a case for the legal papers once we're done (in a private conversation outside the court room).

Edited by Zeb77
clarity
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