Mr Clarke has kindly made available for the common good the judgment in the case of ParkingEye v Clarke.
The judgment can be downloaded from here.
This case was for one of The Range car parks in Barrow-in-Furness. Previously in other claims ParkingEye have produced contracts dated Feb 2013 for this car park. In this case, ParkingEye suddenly produced in court a contract dated November 2011. Although Mr Clarke was never allowed to view this, he did raise the date discrepancy with the judge. In any event, in this particular case the judge did not need to worry about this.
Deputy District Judge Buckley ruled that the letter of authority which allowed ParkingEye to manage the car park did not allow them to take proceedings in their own name. He ruled that the 'commercial justification' arguement that ParkingEye used to justify their own profit was invalid because they could not show any financial loss due to the breach of contract; in fact they make a profit from the breach of contract. The judge referred to the situation as 'bizarre'.
Happy Parking
The Parking Prankster
Putting the fun back into parking
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A most excellent result, thanks for sharing, and it does show that previous judgments, although not in a court of record, are persuasive to other judges.
ReplyDeletePerhaps the Prankster might like to ask Mr Greenslade if he would like to pass this on to BPA members as a 'test case' about how to justify a genuine pre-estimate of loss?
ReplyDeleteWhen is our beloved government going to stop the DVLA selling our personal details to the private limited company called the British Parking Association Limited?
ReplyDeleteNow the BPA have rivals and the DVLA are selling them to new private companies as well.
We need a concentrated effort to get all this stopped, get the parking companies to go through the police for personal details and get them fined and banned from access for wasting police time when they fail in court.
A really nice read and a comprehensive destruction of PE by the judge.
ReplyDeleteQuote from judge..."Well that cannot be right, that is nonsense".
"At the moment, it seems to me, we have a rather bizarre situation where the present claimants make no money from those who comply with the terms of the contract and make their profit from those who are in breach of their contract. Well, that cannot be right. That is nonsense it seems to me"
ReplyDeleteNot a good day at the office was it Rachel? Who else thinks we are going to see a 'toothbrush' moment sometime in 2014?
Hi Mr Prankster,
ReplyDeleteMing Rider here. It's just typical, same car park and same circumstances plus different judge, weather, solar flares etc, equals different outcome.
Congratulations to Mr Clarke and hoping this is a sign that the tide is turning.