Monday, 12 May 2014

Fax Elf stays two more cases. Prankster is troublesome.

The fax machine, operated by the Fax Elf, stayed two more cases, this time in Swindon.

The Prankster has a report from the defendant in the second case, who said that Judge Darbyshire found the faxed Amicus Curiae pack very useful in the previous case.

In the afternoon case, ParkingEye's LPC Law representative was very dismissive of the defendant when they met pre-hearing, but slightly alarmed at the evidence pack he handed into the clerk. This was allowed because ParkingEye did not provide any documents until three days before the hearing.

During the hearing the LPC Law representative was scathing about The Parking Prankster, arguing he was notorious and troublesome; a thorn in progressing matters. Judge Darbyshire was having none of this, which was perfectly correct because The Prankster is not the Fax Elf. (Although the defendant did use The Prankster's guide for his defence).

Judge Darbyshire stayed the case to await the results of the test case which was heard in Cambridge last month. He ordered ParkingEye to inform him and the defendant the result of the case within 7 days*. He warned ParkingEye that if it goes to appeal he may stay the case again.

Judge Darbyshire commented that if ParkingEye lose the Cambridge test case then their business model dies, so much like Credit Hire Cars, this will go all the way to the Supreme Court via multiple appeals. 

Happy Parking

The Parking Prankster

*this should be on or before 20th May


  1. Could you explain what the test case is all about please? I've missed that.

  2. Interesting. HHJ Moloney only ordered a stay on similar cases in the four counties on his East Anglia circuit pending the Hearing and his Decision in Cambridge. Now it seems word has spread among Judges as far away as Swindon, at least, where Judge Darbyshire is also awaiting his Decision.

    Sharon - look at the two April Blogs "Cambridge Report"