UKPC v Ms R C4HW0G3N at County Court Gloucester and Cheltenham on 8th March 2017.
Ms R parked in her residence, but forgot to display her permit. She considered that she had the right to park at her own home, but UKPC disagreed.
Guest Court report from Ms R
At court UKPC sent an SCS Law rep who was a pleasant enough lady and I represented myself.
District Judge Iacopi began with UKPC's authority to bring the claim against me. She examined the contract submitted by UKPC which had no date and referred to it as a 'Warden Patrol Parking Contract'. The Judge found no evidence within the contract of a chain of authority between UKPC and the landowner.
The SCS Law rep referred the Judge to UKPC V Peenith (C9QZ6915) and stated signage erected at the site was proof of a contract. The Judge said of this case 'that's not binding on me'.
The SCS rep stated UKPC had been operating for 6 years at the site so must have a contract, The Judge replied there was no evidence in the claimant's bundle of any authority.
The SCS rep also referred to the lease which stated estate regulations could be varied (parking) but the judge pointed out there was no information as to what the estate regulations were and whether they include parking.
The judge summed up this case stating on the basis of the evidence provided she did not believe there was a chain of authority therefore UKPC had no standing to bring the claim. The judge pointed out that the claimant had failed to get past the first hurdle (authority) and would have failed the second hurdle (lease).
After a year of stress caused by UKPC the claim was dismissed after 20 minutes and I was awarded costs due to taking time off work.
Parking companies who try and make their money by 'fining' residents to park in their own places have no place in modern parking management.
The only purpose of paper permits is to generate income for parking companies - they do not provide a proper regulatory system.
A proper system would allow residents to electronically register as many cars as they want to use their space, and also to provide retrospective cancellation of charges if the parker is genuine.
The judge was quite within her rights to be skeptical about the chain of authority. In the Prankste's experience, parking companies who have a contract will produce it in court. Those who have not, or who have problems, try and bluff the judge.
The Parking Prankster