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Monday, 21 November 2016

UKPC hit for £352 for discontinuing residential case

UKPC v Mr X 21/11/2016

Court Report from Mr X

UKPC had a representative there, who was there for another case. He said before we went in that he wasn't there to represent the case but to make sure it was discontinued, so I told him I was applying for costs and gave him the schedule. He ran around a bit looking anxious, and got his big book of CPRs out which he was thumbing through furiously while I sat there as calm as you like, which was nice to see.

Went in and had to do very little. The judge had obviously been through everything thoroughly and made it quite clear he thought it was a good job they discontinued because they had no legitimate claim. He asked if I'd incurred costs so I gave him the schedule. He said it all seemed fine to him, and asked their guy if there was any reason not to award them to which he responded that there was no automatic order of costs after discontinuance on small claims.

The judge shot him down straight away with that wasn't the point, the point was whether they had been reasonable or not. Their guy tried to say the discontinuance was because they received the lease, and had I submitted that earlier they wouldn't have continued, to which the judge said I submitted it exactly when I was required to and there was no reason why I should have done so earlier, and they should have made an effort to check whether they had a genuine claim before proceeding.

The judge awarded my full costs of around £350, told their guy to go back and "tell [his] masters such behaviour won't be accepted in future". He then asked him if he was representing any other cases today, to which their guy responded "not in front of you" and the judge replied "good".

Game over.

Prankster Note

Many parking companies jump into residential parking enforcement without doing the proper due diligence before signing contracts with the management agent.

The legal situation is that if your lease gives you rights to park then you have primacy of contract and other parties cannot unilaterally introduce terms and conditions.

If a parking company requests your data from the DVLA in such situation then it is likely there is a data protection breach, as they had no right to request your data from the DVLA in the first place. It is up to the parking company to do the proper due diligence. You may be able to make a claim against the parking company in such a situation. You should also complain to the DVLA that the parking company are issuing tickets on land where they have no rights to do so. If the DVLA have not put proper steps in place to audit parking companies and keep your personal data safe then you might also have a claim against the DVLA.

The right to claim lasts for 6 years, so if you have received or paid out a parking charge in such a situation you can claim for your money back. If the parking company requested your data from the DVLA you might also be able claim for a data protection breach.



14 comments:

  1. Any chance of seeing a copy of the schedule of costs??

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  2. I persume he would not have discontinued if MR X did not turn up at the court

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  3. Like many casual observers I've been amazed by the continued failure of the parking companies to alter their strategy. When something doesn't work repeatedly then try a different approach. I understand the bullying tactics. it makes them money therefore they do it. But repeatedly losing money in court cases is just so bizarre.

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    1. If the percentage that pays up (or they win by default) far exceeds those they lose then why spend more money preparing a 'real' claim?

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  4. Any chance of knowing the exact wording of the lease? We have just lost in court in the same circumstance to UKPC, the judge hardly even looked at the lease agreement.

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    1. email me a copy of your lease. It is likely the judge was wrong. Were they a DJ or DDJ? Even in the Jopson case the initial judge got it wrong and the claim needed to be appealed.

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    2. Thanks, will do it tonight as I'm at work at the moment. The judgement has to be appealed or paid by Wednesday 30th November. There other things like he applied the Beavis case, just didn't look at the decision properly.

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    3. I have just emailed you the lease agreement with a brief outline of the case, could you kindly let me know you receive it ok.
      Many thanks
      Gary

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  5. Can you tell me what is the legal situation if there is no mention whatsoever of parking or parking spaces or parking companies in a lease? Ref this: "Many parking companies jump into residential parking enforcement without doing the proper due diligence before signing contracts with the management agent. The legal situation is that if your lease gives you rights to park then you have primacy of contract and other parties cannot unilaterally introduce terms and conditions."

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  6. I'm considering appealing a ukpc fine for parking in my allocated space without displaying my permit. I have a permit but wasn't displaying it. Popla refused my appeal. I am a tenant. Nothing on my tenancy agreement re parking. My landlady says there's nothing on her lease agreement re parking. What should I do? Is there any point contesting further when it goes to court?

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    1. Oh and one other point worth mentioning ukpc issued the original ticket to a the wrong car reg plate. One digit was incorrect. I foolishly brought to the attention of ukpc and they reissued the ticket with the correct reg number.Popla didn't think this was grounds for the ticket being invalid!

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    2. Re nothing in tenancy agreement re parking (therefore "no contract"?) Would be interested if you get any guidance on this. I am in a similar situation.

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    3. I have several court judgments on this point, so email me for transcripts

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