Couple park their car at 9:40 and at 9:45 they were issued a Penalty Notice.
Paid up but took matters to court - parking company had erected signs but these were "open to interpretation".
After many months the case made the courts and the couple got some money back + some costs but not their legal fees. Couple have created a precedent at that carpark and now many others will get their money back.
Parking was Falkirk, Parking Management Co based in Birmingham.
In the intervening months the couple were threatened with legal matters, debt collectors etc but held out and WON!!!!!
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now many others will get their money back.
...and pigs might fly!
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Does this not imply that if the signs were unambiguous and not open to interpretation that the charge would have been enforceable? Many on here have argued that such contracts would be unenforceable in any circumstance. Do you have a link to further details of this case FB?
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The report was in the Falkirk Herald but not the on-line version as yet (paper came out today)
Notice was ambiguous so Parking Co fell at the 1st Hurdle ...............like horse racing you fall at the 1st hurdle the race is over 99% of the time.
The couple had amassed lots of information but only needed the ambiguous sign to win the case.
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Thanks FB . That does tend to imply that a contract can be established by a correctly worded sign since the very ambiguity of the sign was seemingly the reason that no contract existed.
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If it was Small Claims Track, then that does not count as a legally binding case precedent. Would have to be full County Court, which seems unlikely for such a small claim.
HJ
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Why were they threatened with debt collectors if they paid the "penalty" in the first place??
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Only got *some* money back, not all? That seems to indicate that they were recognised by the court as being partly at fault as well?
Also the fact that was in Scotland, and therefore under Scottish Law, might make comparing it with England a bit more difficult?
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If it was Small Claims Track then that does not count as a legally binding case precedent. Would have to be full County Court which seems unlikely for such a small claim. HJ
One of the lawyers will correct me if I'm wrong. County Court or High Court case may be persuasive but authority starts in the Court of Appeal. However as stated below this case was in Scotland so different system and, I think different (ie devolved) laws.
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