Author Topic: A Parking Eye employee meets a solicitor.  (Read 9832 times)

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Offline Web Admin

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A Parking Eye employee meets a solicitor.
« on: 04 April, 2012, 10:16:59 PM »
Solicitor: "Good morning sir. What can I do for you today"

Parking Eye employee: "I would like to sue Pat Pending for overstaying in a private car park"

S: "Ok. Just a couple of questions. Have you got proof that he was the person who entered into the contract with you per the signs in the car park? Has he admitted anything in writing or can you identify him by photographs taken at the Time?"

PEe: "Well no, but he is the owner of the vehicle. Problem is the bastard is ignoring all our letters, so he hasn't yet dropped himself in the sh*t."

S: "I have to say you are not off to a good start, because unless you can prove it was definitely him, you would be wasting your money trying to sue him. Putting that aside for one moment, let us assume that you can prove it was Pat Pending who was the driver at the time, what is your loss?"

PEe: "What do you mean, loss?"

S: "I mean that in civil law, if you want to sue someone for recovery of monies or property, you have to show a loss. This “loss” then forms part of your claim for damages and loss. For example, if you had entered into a contract to do some plumbing work for a customer, and you had completed that work, you would render your client an invoice. If your client then refused to pay that invoice you would then be able to sue him for breach of contract in the amount of the invoice. That would be classed as a loss, and that would form the basis of your claim. So I repeat, what is your loss?”

PEe: “Well for a start there's the £80 charge that we told him he would have to pay if he overstayed. It says it on all the signs in the car park. Our parking tickets are the equivalent of that plumber's invoice you were talking about earlier.”

S: “But that may not be classed as a loss. It may be construed as a penalty clause in a contract, and in several cases the courts have already found penalty clauses in contracts like the one you entered into with Pat Pending, are unlawful at Common Law, and consequently illegal and void. However, the rest of the contract is still binding. So if it got as far as the court the judge would want to know how you came to lose £80. If you couldn't prove a loss of £80 he would declare it as a penalty clause that is unenforceable. In order to determine whether it was a penalty clause the judge would assess whether you made a genuine attempt to estimate your potential loss. Did you attempt to estimate your loss?”

PEe: “How would I go about that then?”

S: “Sigh! How much did it cost Pat Pending to park in the car park?”

PEe: “It's £1 an hour."

S: “How long did Mr Pending overstay?

PEe: “30 minutes”

S: “So your loss is £1”

PEe: “Yes”

S: “What about the other £79?”

PEe: “That's part of the contract Pat Pending entered into with us”

S: “But the judge will deem it a penalty clause in a contract and therefore he will declare it unlawful and unenforceable. However all is not lost.”

PEe: “Really? You mean I can still sue 'im?”

S: “Yes. Let me tell you what I can do for you. I will send Mr Pending a formal letter called a letter of claim. Some people call it a letter before action. In it I will demand that he pays your losses in full.”

PEe: “I like the sound of that. How much will it cost me?”

S: “My hourly rate is £250 plus VAT and I think I could probably knock you something out in about half an hour, so for the first letter it will cost you £125 plus VAT. Of course you will probably never be able to get the cost of this back from Mr Pending, because this is a matter for the small claims court, where costs are rarely awarded.

PEe: “So to get £80 I have to pay you £125 plus VAT?”

S: “Who said I was going to demand £80 from Mr Pending? You just told me your loss was £1! Now do you want me to write the letter demanding he pay you your £1 or not?”

PEe: “Not”

S: “Then please leave my office and stop wasting your money.”

PEe: “What do you mean wasting my money?”

S: “I told you when you phoned earlier that I would be charging you for this, and you agreed to pay me my hourly rate. We have been here for fifteen minutes and my invoice for £62.50 plus VAT will be winging it's way to you shortly. And I can assure you I CAN prove that as a loss in a court of law. Good day to you sir.”

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And that ladies and gentlemen, is why no private parking company will ever take anyone to court.

The defence rests.

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Edit/update. This piece is now out of date following the introduction of The Protection of Freedoms Act 2012 on 1st October 2012. For a more up to date version go to:


http://nutsville.com/2013/05/04/parking-weasel-ltds-chairman-goes-to-see-his-solicitor/
« Last Edit: 15 November, 2013, 06:40:19 PM by The Bald Eagle »

Offline rs2k

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Re: A Parking Eye employee meets a solicitor.
« Reply #1 on: 04 April, 2012, 10:26:41 PM »
Priceless :p 

:D

Offline Staps

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Re: A Parking Eye employee meets a solicitor.
« Reply #2 on: 04 April, 2012, 10:35:17 PM »
I liked that so much i read it twice, what a lovely story

Offline Pat Pending

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Re: A Parking Eye employee meets a solicitor.
« Reply #3 on: 04 April, 2012, 10:40:54 PM »
I think that about sums it up BE, however in this case it is even more laughable as the car park is FREE!!!
So the loss is exactly F*CK  ALL, which by way of chance is the exact amount I am going to pay them so all sorted really.  :pmsl:
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline The Bald Eagle

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Re: A Parking Eye employee meets a solicitor.
« Reply #4 on: 04 April, 2012, 10:52:41 PM »
A few years ago, when I went back on to PAYE after being self employed, I received a demand from the taxman for £0. So I wrote them a cheque for £0, and sent it off.

The ungrateful bastards never even acknowledged receipt, and as far as I know never even cashed it! :bashy:

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Offline Kill Switch

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Re: A Parking Eye employee meets a solicitor.
« Reply #5 on: 04 April, 2012, 10:55:40 PM »
Fourth letter from PE:

Dear Pat Pending,

If do not pay the sum of £80 in the next fourteen days, I'm going to do exactly feck all, but rest assured, if you EVER park in one our car parks again, we're going to completely ignore you, so there.

Yours Begrudgingly
Parking Eye employee
A word to the wise ain't necessary - it's the stupid ones that need the advice


Offline Pat Pending

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Re: A Parking Eye employee meets a solicitor.
« Reply #6 on: 04 April, 2012, 11:02:48 PM »
Fourth letter from PE:

Dear Pat Pending,

If do not pay the sum of £80 in the next fourteen days, I'm going to do exactly feck all, but rest assured, if you EVER park in one our car parks again, we're going to completely ignore you, so there.

Yours Begrudgingly
Parking Eye employee

I will not stand for that KS,  If they ignore me while not ignoring others I may take them to the courts of Human Rights for Social Exclusion. Hmmmm I wonder if I could get compo for emotional distress?  <_>
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline The Bald Eagle

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Re: A Parking Eye employee meets a solicitor.
« Reply #7 on: 04 April, 2012, 11:19:39 PM »
One has to wonder what would happen if a determined group of individuals (no names, no pack drill) were to put a copy of this scenario (adjusted for the name of the parking enforcers) under the windscreen wipers of people parked on private land? ;D
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Offline Pat Pending

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Re: A Parking Eye employee meets a solicitor.
« Reply #8 on: 04 April, 2012, 11:32:09 PM »
The easiest way to hit them where it hurts is to keep an Eye (pun intended) on Hospital car parks that are Pay and Display as you will see a ticketed car, then pass an information leaflet to the Driver on their return.
Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well-preserved body, but rather to skid in sideways - Beer in one hand - chocolate in the other - body thoroughly used up,  totally worn out and screaming "WOO-HOO, what a  ride!!"

Offline Bernie

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Re: A Parking Eye employee meets a solicitor.
« Reply #9 on: 10 January, 2013, 04:30:27 PM »
None of the parking companies i have spoken to are registered correctly for their use of CCTV.
The ones who are notified with the ICO (information commissioners Office) are only registered for the use of CCTV/ANPR to deter and detect crime.. last time i looked it isn't a crime to park on private land and not pay an invoice which maybe a civil offence and as their CCTV does not comply it also breaches the British parking Associations own code of practice.

Offline The Bald Eagle

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Re: A Parking Eye employee meets a solicitor.
« Reply #10 on: 10 January, 2013, 04:50:39 PM »
None of the parking companies i have spoken to are registered correctly for their use of CCTV.
The ones who are notified with the ICO (information commissioners Office) are only registered for the use of CCTV/ANPR to deter and detect crime.. last time i looked it isn't a crime to park on private land and not pay an invoice which maybe a civil offence and as their CCTV does not comply it also breaches the British parking Associations own code of practice.

An interesting first post to say the least! I think you will slot right in with the reprobates and tweakers of the noses of authority who frequent this site.

Welcome my friend and may I refer you to our mantra.

People should not be afraid of their governments. Governments should be afraid of their people.
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Offline modplod

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Re: A Parking Eye employee meets a solicitor.
« Reply #11 on: 10 January, 2013, 06:38:48 PM »
Just do what I do -

Simply IGNORE ALL COMMUNICATIONS AND THROW THE LETTERS IN THE BIN.  :-* :-* :-*

Ignore the next letter too and they will simply go away to pick on an easy touch instead.

Simples.  dr00L

This goes for all PRIVATE car parks. The bits of paper they attach to your car is utterly worthless. They rely upon kind little old ladies paying their unwarranted demands upon receiving one of their worthless threatening / unwarranted letters.

It costs a lot of money to issue proceedings in the County Court. It follows that they are hardly likely to do this if they don't even have a name to sue. If you don't reply or respond in any way, they have precisely NOTHING.

I'm a retired senior police officer and I also possess a law degree (LL.B) and I'm happy to provide FREE legal advice if you ask.
« Last Edit: 10 January, 2013, 06:40:44 PM by modplod »
Kent Volunteer - Available for local tasking. Please PM where the RV point is and I shall meet you there. I have an obsessive hatred for MEDWAY Council Parking Department. Power to the People (Who incidently all these parasites are supposed to serve). It's all about teaching US whose boss!

 


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