ParkingEye were criticised in court today for failing to inform the court that the case they rely almost entirely on, ParkingEye v Beavis, is being appealed.
ParkingEye were represented by a barrister from LPC Law who met with the defendant before the hearing. At no point during the meeting or the hearing did the barrister mention that the Beavis case was being appealed. This is a serious breach of the solicitor's code of conduct, which requires that all relevant information, even if not helpful to the solicitor's side of the case is brought to the attention of the court. This is especially relevant if the other side is not professionally represented.
The judge, believed to be DJ Lettall, gave the barrister short shrift in the hearing. He asked why neither he, not ParkingEye, had mentioned that Beavis was being appealed in their evidential documents. The barrister tried to bluff this was not relevant but of course it is highly relevant.
The barrister then tried to lie that the defendant had failed to attend a mediation meeting. This was of course completely false, and in fact the defendant had made strenuous attempts at mediation, all of which ParkingEye ignored. The judge saw through this ruse and pointed out that mediation is done over the telephone and therefore his story was not possible.
The judge adjourned the hearing until after Beavis, and awarded the defendant costs for his attendance.
DJ Lettall is fully aware that the Beavis case is being appealed as the last time The Prankster was in his court he asked if he could keep the Prankster's copy of HHJ Moloney's leave to appeal. In that case he also questioned why the claimant had not mentioned the Beavis case was going to appeal. The claimant, Excel, denied knowing the case was being appealed despite going to a British Parking Association meeting the week before to discuss the appeal.
Rachel Ledson, head of Legal at ParkingEye, and Patrick Le Bas, Head of Advocacy at LPC Law have both been warned that if they quote the Beavis case then they should bring to the courts attention that the case is being appealed.
It may therefore be time to report these two people to the Solicitor's Regulatory Authority for them to determine if any wrong doing has occurred.
The Parking Prankster