This thread on pepipoo details the story of a motorist's parking fight with the hospital she worked for, Epsom St Helier.
The parking company the hospital use, APCOA filed a claim for over £700 for 4 parking incidents.
After a lot of time, effort and research, the motorist found that APCOA did not have standing to take her to court; only the hospital could. In addition, the parking company could not show any loss for the alleged breach of contract.
The motorist therefore applied to strike out the claim, paying £45.
The strike out hearing was set for 24th April.
The parking company solicitors (Gladstones) offered the motorist £80 if she would let them drop the claim so they do not have to go to the strike out hearing.
The motorist decided to let them stew for a while.
After some more correspondence between both sides she decided to accept an offer for £200 and signed a consent order to drop the case.
Gladstones forgot to send the £45 fee in to the court along with the consent order, so the strike-out hearing went ahead anyway.
Apcoa and Gladstones declined to turn up. District Judge John Smart presiding invited the motorist and her McKenzie friend in. He explained there had been a lot of toing and froing with the consent order which required a fee, which had not been paid. He stated simply that he was going to have to make some alterations to the consent order as now we were at hearing, some of the wording was no longer relevant.
The Prankster thinks this next piece is the most interesting part of the motorist's report:
"But to be frank he wasn't all that interested in me, the costs or the consent order. It was clear this was all a done deal before I had even walked in the room. He said that he was very interested in the content of my strike out application. Specifically the cases I had referred to and attached the transcripts for (Parking Eye v Sharma October 2013 and Parking Eye v Clarke January 2014). He told me that he and his fellow judges often discuss these parking company court cases they are being asked to rule on, over lunch. He said at some point one of these cases is going to go to appeal, in his view. He told me that he was going to "photocopy this material" from my strike out application.....and he thanked me."The courts are now seeing significant numbers of parking cases, and the judges are starting to talk together. Perhaps some of them even read this blog. Interesting times lie ahead.
The Parking Prankster