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terrier82

Parking Eye Dovecot St Stockton - Over stay PCN - claimform received

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Many thanks terrier82

 

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you can appeal this judgement on either a matter of fact of as an error of law. The thing about doing this is that all costs become payable by the side that loses so you need to be absolutely certain of winning or rich enough to apy their legal costs.

 

For retrospective legality of contracts they will rely on Johnson v Agnew but ther is the point that if you knew they didnt have pp and thus werent in a position to offer a contract then you can claim that you could also reject the offer as being unlawful.

 

The real problem is that none of us are entirely sure that the parking co is acting illegally before we park so can claim that certainty. At best we would be trespassing and that is nothing to do with parking companies but purely a metter for the landowner. However, judges dont like rich businesses losing money so they wont like the defence that you are criminally minded (unless you are of the traveller community) and therefore will ahve to find a different approach.

 

Pe has applied for retrospective PP at several sites where they have taken people to court and this is a defence point. They withdrew at least one when they didnt get the backdating and lied to the judge at least two others.

 

Your plus point is that this is a matter of criminal law and that is not retrospecively nullified. Try asking a solicitor who deals with commercail contract/planning and see what they say. If they say you have an interesting case/point dont go any further, that means lots of money and at best a coin toss odds.

Edited by honeybee13
Paras.

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Thanks for the reply much appreciated, I have to pay my bill by this Friday (14 days after) torn what to do, if I won would I be able to reclaim solicitor costs on my side?

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yes, winner takes all, as stated in the first line of the quoted post. Expect to spend £5k if you are apying someone to do all of the work for you. Find that killer argument yourself and it is all yours for £250(recoverable)

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Now with the benefit of hindsight I should have objected to the planning and delayed it if possible till after the court date, I thought the retrospective planning at the time this was working in my favour to prove they should of had it, think I'll have to bow out of the appeal to much of a financial risk, I gave it my best shot and nearly got them, thanks for all your help guys especially ericsbrother

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It might be worth asking the bods at HMCTS court of appeal section about this because if it is an error in law then the matter can be heard with PE as an interested party and there will effectivey be no costs if you are LiP. Problem there is getting PE to play ball when they are likely to lose a fortune when all of their underhand claims come out into the open and it becomes a criminal matter.

You only have 14 days from the date of judgement to start the appeal so at least ask the question to the courts service. a phone call costs nothing.

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