OPC LOSE AT APPEAL - Established contractual principles reinforced

[Al27]

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 February 23, 2011 by Al27

[PPC $ cambuster]

Thats one in the eye for Perky, I wonder if he has the brass neck to comment !!

[dpick]

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

 

dpick

[RichardM]

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.

[PPC $ cambuster]

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 ??

Edited February 23, 2011 by PPC $ cambuster

[Bernie_the_Bolt]

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

[Famous bean]

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

 

...just being nosy!

[Al27]

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

[RichardM]

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.

[Al27]

Today's case adjourned until July.

 

Big things happening behind the scenes...

[dw190]

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

[Zeb77]

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 February 23, 2011 by Zeb77
clarity

[honeybee13]

Hello Famous Bean. You could search the forums for the name Perky and you should find some interesting posts. Use the Forum Search button, I think it's called.

 

My best, HB