Claimant represented by Mr Offord (Solicitor’s Agent). Defendant represented by Bargepole, via the BMPA.
This involved 2 x PCNs issued to the Defendant’s vehicle, while parked without displaying a permit in the numbered space designated in his Lease of the apartment. An interesting feature is that, as evidenced by a letter from the DVLA, P&PM had never applied to the DVLA for keeper details, so no-one is sure where they got them from.
There was also a Counterclaim in play, claiming £750 for DPA breach, £150 for trespass, and £95 for additional time spent defending which would not be recoverable as ordinary costs, so £995 in total. The Defendant had already filed this, before Bargepole was instructed in the case.
The main Defence arguments were that the lease established primacy of contract, and there was no evidence of a variation. As the Claimant had not obtained the RK details from the DVLA, they were unable to rely on keeper liability, and had no evidence of who the driver was (could have been Mr S or his wife). The contract with the Managing Agent did not authorise P&PM to litigate in their own name.
That P&PM had no reasonable cause to obtain (by whatever means) or to process the RK’s data. That they had no authority to enter the parking space and put notices on the car, therefore trespass to land and property. That by unreasonably pursuing charges to which they were not entitled, they had caused distress to the Defendant, and financial loss in terms of time spent on this.
Unfortunately, DJ Nicholson decided that the allocated 2-hour slot was insufficient time to read the voluminous case authorities, and make rulings on what he described as ‘a number of complex legal arguments’. The case was therefore adjourned for a half day hearing at some future date.
A more cynical person than Bargepole might conclude that, on the hottest June day for 41 years, and with the Court’s air-conditioning system about as effective as a gnat farting on your hand, this was the strategic option.
P&PM's greed, coupled with their poor understanding of parking related law, could lead them to losing £1500 or more on the claim.
Parking companies brought in to manage residential parking are not there to feather their nests by victimising the residents. Their presence is to deter unwanted parking, not to penalise residents whose lease gives them the unfettered right to park.
Will Hurley's lack of morals and leadership in failing to correctly advising his IPC customers of the situation in residential parking could yet lead to his undoing. Parking companies who have been badly advised by him have up to 6 years to bring a claim.
The Parking Prankster