Court Claim Success

Private Parking Appeals has been involved in court cases against Parking Companies since our first inception in 2014. Indeed, even before we incorporated, our directors were regularly seen in court assisting with parking claims. Alex Shipp, David Carrod and John Wilkie have become well known names in the industry, as well as in the courts with a number of cases having been reported previously by the Parking Prankster.

Many forums claim online that parking cases can be easily won, and one particular forum has a member who claims a 99% success record in court with claims where its members have assisted.  This is untrue, and provably so. Indeed, David Carrod, who keeps meticulous records of such things, has publicly stated that the average win rate in parking cases supported by forums or third party appeals companies such as ourselves is about 82%.

It’s therefore interesting to look at the last year from Private Parking Appeals point of view.

To be clear, Private Parking Appeals is NOT a regulated law firm, and we cannot conduct proceedings, we can only advise and assist. We also cannot represent you in court, though we do have a number of staff who are competent Advocates, including John Wilkie and Julia Morgan. Wherever possible, we will offer the services of a Lay Representative if one is available.

In the last year, we have had a number of claims where either John or Julia has attended court with our clients, and these are listed below. In all cases, our client(s) have consented to our use of their name in this blog.

MIL Collections v George -Truro County Court. £750 costs order due to MIL’s unreasonable behaviour – transcripts are available of both the Judgment and the cross-examination of Christopher Barrett by John Wilkie.

UKPME v Hunter – Manchester County Court – Mr Hunter was not driver or keeper of the vehicle, and so the claim was dismissed, with Unreasonable Conduct costs against UKPME. UKPME has failed to pay in excess of £1000 of court orders as a result of this and other claims against Mr Hunter, and are no longer a member of an Accredited Trade Association despite claiming to still be IPC members. Despite several threats to do so, UKPME has never appealed or sought to set aside any of the judgments against it.

PCM v Pine – Clerkenwell and Shoreditch County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

UKCPM v Birbeck (1) – Swindon County Court – Mr Birbeck was not driver or keeper of the vehicle, and so the claim was dismissed, with Unreasonable Conduct costs against UKCPM.

Euro Parking Services v Maddox – Stoke County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

Link Parking v Pattendon – Bodmin County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

Parking and Property Management v Watkins – The claim was discontinued following an abortive first hearing at Clerkenwell and Shoreditch County Court.

SIP v Robinson – Manchester County Court – Agreed settlement of less than 60% of the claim value at the courtroom door.

UKCPM v Gornell – Reading County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

Link Parking v Hopgood – Truro County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

Civil Enforcement v Elia – Clerkenwell and Shoreditch County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed. with unreasonable conduct costs.

Vehicle Control Services v Nur – Sheffield County Court. VCS did not attend this hearing at their local court. Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

MIL v JP Consultants – Truro County Court – MIL Collections had no standing to collect the debt, and Keeper Liability had not been complied with. This matter took three hearings, and as such the Defendant was awarded substantial costs.

Civil Enforcement v Morrisey – Bristol County Court – Claim set aside and dismissed, with £295 costs.

PCM (UK) v Gluck (1) – Edmonton County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed.

Total Parking v Work – Worcester County Court – Settled for £40.

Civil Enforcement v Birbeck – Swindon County Court – Discontinued

Civil Enforcement v Clare -Liverpool County Court. CEL did not attend this hearing at their local court. Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed, with unreasonable conduct costs

Horizon v Statham – High Wycombe County Court – The Claimant did not attend or give notice, so the Claim was struck out.

Civil Enforcement v Higgs – Bedford County Court – Discontinued on the day.

ParkingEye v Bentley – Discontinued

UKPC v Gafita – Discontinued

ParkingEye v Mullins – Discontinued

Civil Enforcement v Darvill – Bournemouth County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed with unreasonable conduct costs.

UKPC v Akhtar – Burnley County Court –  Default judgment set aside and listed for trial.

UKPC v Cohen – Discontinued

ParkingEye v McGoldrick – North Shields County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown. Moreover, in “free parking” for 1 hour period, PE failed to allow grace periods at the start and end of parking. This case defined the “pre parking” grace period as at least 5 minutes.

PCM v Battye – Watford County Court – The Claimant did not attend or give notice, so the Claim was struck out.

UKPC v Brooking – Reading County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown. Moreover, the signage did not offer a genuine contract to park. Claim dismissed with costs.

Horizon v Gluck – Edmonton County Court – Keeper Liability had not been complied with, and the identity of the driver was unknown. Moreover, the signage was contradictory. Claim dismissed.

PCM (UK) v Gluck (2) – Edmonton County Court – The Claimant did not attend or give notice, so the Claim was struck out, with unreasonable conduct costs.

UKCPM v Birbeck (2) – Swindon County Court – The Claimant did not attend, but had given notice, so the claim went ahead. Ultimately, Keeper Liability had not been complied with, and the identity of the driver was unknown, so the claim was dismissed with unreasonable conduct costs.

Britannia Parking v McPherson – Chelmsford County Court – The signage was not sufficiently clear that a parking ticket was needed for a “free” parking period, as the signage required a ticket to be purchased, so the Claim was dismissed.

Vehicle Control Services v Mills – Coventry County Court –  Ms Mills, a monthly permit holder, tried to renew her pemit, but the VCS staff member claimed to be unable to renew this, He directed her to park on the restricted area, then, the court found, issued her a ticket, having entrapped her into parking at that location. VCS admitted that this person was their staff member, but did not produce any witness statement from him, replying as usual on a statement from a paralegal. VCS sought over £400 in costs. The claim was dismissed.

It’s interesting to note that in 14 of the 34 cases above, the claim turned on the stringent requirements of Keeper Liability. It is clear that the Parking Companies, their solicitors and the advocates they send to court do nto understand how to comply with Keeper Liability, and this continued to be their downfall. This includes, ParkingEye, Civil Enforcement, and all but one IPC Company. It is of note that a BPA member has recently approached us to ask advice on Keeper Liability compliance – make of that what you will.

Additonally, on a number of occasions the courts have agreed that bring a claim using Keeper Liability when the requirements of law have not been complied with is unreasonable, and have awarded costs against the Claimant as a result.

If you have a court claim from ANY parking company, we are the experts in beating parking firms, and we do have a 99% record of wins against all IPC companies represented by Gladstone Solciitors, Civil Enforcment Ltd, UKCPM, MIL Collections, PCM (UK), Link Parking, UKPC, NCP and Britannia. We guide you throught the whole court process, right to the courtroom door, and if we can, we will find you an appropriate advocate for the day.

BBC Radio 4 Moneybox

Some of our customers will be aware that John Wilkie, our Head of Legal, was recently invited onto the BBC Radio 4 Moneybox programme to discuss paring tickets.

The podcast linked to this can be found here.

Always remember that a parking ticket is most easily beaten at the first or second stage of the appeal porcess, as soon after you receive this as possible. Once you get to later stages, including court proceedings, your chance of winning reduces from over 99% at first appeal to around 85% at a court hearing.

John Wilkie will also be appearing on a number of local radio programmes across the UK in the coming months, ensuring that as many people as possible are aware of the issues with Private Parking, and during the approach of the very welcome Single Code of Practice being intriduced as a result of the Parking (Code of Practice) Act 2019, where we are one of the organisations being consulted, together with our BPA and BMPA colleagues.