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ParkingEye v Bowen

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  • ParkingEye v Bowen

    Hello, Does anyone know if ParkingEye appealed after losing this one ? Thanks
    Tags: None

  • #2
    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.

    Comment


    • #3
      Nicholas Bowen, (now) KC might offer a clue.

      Give him a ring....Doughty Street Chambers.
      Last edited by charitynjw; 5th March 2023, 14:17:PM.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Originally posted by charitynjw View Post
        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

        Comment


        • #5
          Originally posted by bananas22 View Post
          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

          Comment


          • #6
            Originally posted by des8 View Post

            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 ?

            Comment


            • #7
              I assume that the judge deemed some aspect of PE's behaviour as "unreasonable" ............... perhaps not turning up for the hearing

              Comment


              • #8
                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.
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Originally posted by des8 View Post
                  I assume that the judge deemed some aspect of PE's behaviour as "unreasonable" ............... perhaps not turning up for the hearing
                  Quite

                  Comment


                  • #10
                    Originally posted by charitynjw View Post
                    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 ?

                    Comment


                    • #11
                      Originally posted by bananas22 View Post

                      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)
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Possibly; but there was no appeal.
                        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                        Comment


                        • #13
                          Originally posted by charitynjw View Post

                          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 ?

                          Comment


                          • #14
                            Originally posted by bananas22 View Post

                            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.
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Originally posted by charitynjw View Post

                              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 ?

                              Comment

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