CEL from 2012! Help needed please. SUCCESS !!!

[Amethyst]

Re: CEL from 2012! Help needed please.

Close up of Parking Sign at entrance to car park.

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Thank you for your response. have taken further pics and by the looks of it Amethyst has kindly posted it up. I have several other pics if required which show how there is road which separate the restaurant from the car park. Indeed I am happy to return at 1am and take further pics to support the case in that it would be impossible for a driver to read the signage whilst driving in, let alone sat in the car when stopped.

You say take it easy!!......very difficult when I am so stressed with the whole thing - it's not the money it's the sheer principal. I will gladly donate to any charities of all who assist on here rather than CEL have a penny.

Thanks

[mystery1]

Re: CEL from 2012! Help needed please.

I don't think they'd want that sign in court :scared:

Note the logo in the bottom left. That would imply that the terms and conditions of the BPA would be followed and thus part of any contract, if it exists at all.

http://www.britishparking.co.uk/writ...tober_2012.pdf

19.5 If the parking charge that the driver is being asked to pay
is for a breach of contract or act of trespass, this charge
must be based on the genuine pre-estimate of loss that
you suffer. We would not expect this amount to be more
than £100. If the charge is more than this, operators must
be able to justify the amount in advance.


Now when you read the sign it says " to deter abuse of this car park"

Dunlop Pneumatic Tyre Co Ltd v New Garage& Motor Co Ltd Lord Dunedin offered as tests
which might prove "helpful, or even conclusive":
"(A)It will be held to be penalty if the sum stipulated for is extravagantand unconscionable in
amountin comparison with the greatest loss that could conceivably be proved to have
followed from the breach..….
(B) It will be held to be a penalty if the breach consists only in not paying a sum of money,
and the sum stipulated is a sum greater than the sum which ought to have been paid ….. This
though one of the most ancient instances is truly a corollary to the lasttest. Whether it had its
historical origin in the doctrine of the common law that when A. promised to pay B. a sum of
money on a certain day and did not do so, B. could only recover the sum with, in certain
cases,interest, but could never recover further damages for non-timeous payment, or whether
it was a survival of the time when equity reformed unconscionable bargains merely because
they were unconscionable ….. is probably more interesting than material.
( C) There is a presumption (but no more) that it is penalty when "a single lump sum is made
payable by way of compensation, on the occurrence of one or more or all of several events,
some of which may occasion serious and others but trifling damage".


Clearly the language of the sign is penal in nature as it says it is to deter abuse.

They are in big big trouble with this claim if they proceed. At the end of the day don't get stressed about money. This might be annoying as hell but win or lose nobody dies.

If you/your son didn't have the funds to pay for this i'd be worried as the potential for a ccj would be a worry for a youngster. He credit record won't suffer if you lose and pay. The more info i get here, the more confident i am that you'll win. That sign really is terrible.

Some reading for you.

http://forums.pepipoo.com/index.php?...post&id=16231)

http://forums.pepipoo.com/index.php?...dpost&p=602252


They have discontinued a lot of claims

http://forums.pepipoo.com/lofiversio...hp/t77838.html
http://forums.pepipoo.com/index.php?showtopic=79759
http://forums.pepipoo.com/index.php?...st=20&start=20
http://forums.pepipoo.com/index.php?showtopic=79348
http://forums.pepipoo.com/index.php?showtopic=79164
http://forums.pepipoo.com/lofiversio...hp/t79348.html
http://forums.pepipoo.com/lofiversio...hp/t78867.html

Loads more but i'm bored copy and pasting now.

Of course they may go to court but that doesn't mean they'll win http://forums.pepipoo.com/index.php?...pic=77826&st=0

M1

[Not a happy Mummy]

Re: CEL from 2012! Help needed please.

Would just like to thank everyone for their help on here........after involving my MP and KFC MD , CEL backed down and withdrew from court !!! VICTORY. Thanks again for all help received xx

[mystery1]

Re: CEL from 2012! Help needed please.

Thanks for letting us know. A good result.

M1