ParkingEye v Bowen

[bananas22]

Hello, Does anyone know if ParkingEye appealed after losing this one ? Thanks

[bananas22]

I am also interested in knowing how such large costs came to be awarded for a small claim defence. If anyone can help that would be brilliant.

[charitynjw]

Nicholas Bowen, (now) KC might offer a clue.

Give him a ring....Doughty Street Chambers.

[bananas22]

Nicholas Bowen, (now) KC might offer a clue.

Give him a ring....Doughty Street Chambers.

Not sure he would like that but I could try an email I suppose

[des8]

Hello, Does anyone know if ParkingEye appealed after losing this one ? Thanks

PE paid up, but had to issue two cheques as the first spelt his name incorrectly.
Having paid they could hardly appeal

[bananas22]

PE paid up, but had to issue two cheques as the first spelt his name incorrectly.
Having paid they could hardly appeal

Ah Thanks for that. Would it be the case that because they didn't turn up at the hearing all the claimed costs were paid without question and therefore unsafe to expect costs of this nature to be awarded in a contested action in the event of the motorist winning ?

[des8]

I assume that the judge deemed some aspect of PE's behaviour as "unreasonable" ............... perhaps not turning up for the hearing

[charitynjw]

I think I read somewhere that PE claimed they were told that the hearing ha been taken off the court listing for some reason, but in fact the hearing went ahead anyway.

[bananas22]

I assume that the judge deemed some aspect of PE's behaviour as "unreasonable" ............... perhaps not turning up for the hearing

Quite

[bananas22]

I think I read somewhere that PE claimed they were told that the hearing ha been taken off the court listing for some reason, but in fact the hearing went ahead anyway.

That's what I understood, would that not be grounds for appeal ?

[charitynjw]

That's what I understood, would that not be grounds for appeal ?

I guess it would depend somewhat on whether PE could evidence the fact.
In any case, it's rather a moot point as clearly there was no such appeal (to my best knowledge)

[atticus]

Possibly; but there was no appeal.

[bananas22]

I guess it would depend somewhat on whether PE could evidence the fact.
In any case, it's rather a moot point as clearly there was no such appeal (to my best knowledge)

Yes, I plead guilty to barking up a non-existent tree on that one. But while I have your attention do you know of any cases where a parking company has been sued for breach of data protection or anything at all where it has been shown to have repeatedly broken it's ATA Code ?

[charitynjw]

Yes, I plead guilty to barking up a non-existent tree on that one. But while I have your attention do you know of any cases where a parking company has been sued for breach of data protection or anything at all where it has been shown to have repeatedly broken it's ATA Code ?

Most, if not all, of these types of cases would be heard on the Small Claims Track of the County Court.
So no is my answer, as the decisions of these cases are not really that accessible.

[bananas22]

Most, if not all, of these types of cases would be heard on the Small Claims Track of the County Court.
So no is my answer, as the decisions of these cases are not really that accessible.

No that is a problem. Any thoughts on the feasibility of an action assuming there is evidence of systematic ATA code breaches ?