Mr Clarke has kindly made available for the common good the judgment in the case of ParkingEye v Clarke.
The judgment can be downloaded from here.
This case was for one of The Range car parks in Barrow-in-Furness. Previously in other claims ParkingEye have produced contracts dated Feb 2013 for this car park. In this case, ParkingEye suddenly produced in court a contract dated November 2011. Although Mr Clarke was never allowed to view this, he did raise the date discrepancy with the judge. In any event, in this particular case the judge did not need to worry about this.
Deputy District Judge Buckley ruled that the letter of authority which allowed ParkingEye to manage the car park did not allow them to take proceedings in their own name. He ruled that the 'commercial justification' arguement that ParkingEye used to justify their own profit was invalid because they could not show any financial loss due to the breach of contract; in fact they make a profit from the breach of contract. The judge referred to the situation as 'bizarre'.
The Parking Prankster