Claimant represented by Andrew Gibbs-Ripley, solicitor instructed by LPC Law
Defendant represented by Bargepole.
Guest report from Bargepole
This was a residential parking case in which the Defendant had parked as a visitor in the space allocated to the tenant of the property, Miss B. UKPC had previously issued a claim against Miss B, reported a month ago: http://parking-prankster.blogspot.co.uk/2017/05/ukpc-lose-residential-case-will-vicim.html
The Judge at that hearing had ruled that Miss B had an unfettered right to park, and that trumped anything on UKPC’s signage. So the key decision that DJ Harrison had to make, was whether that principle could be extended to visitors.
Mr G-R argued that a visitor was not a party to the contract between landlord and tenant and thus could not rely upon it, whereas I argued that the tenant had inherent rights in the contract, which could be derogated to visitors.
The DJ preferred the Defence submissions, so case dismissed. Costs of £96 awarded.
Parking companies continue to take landowners and their guests to court for parking in their own spaces. This is a complete abuse. Parking companies are brought in to protect the rights of landowners, not attempt to fleece them.
The Prankster suggests that any parking company who does not explicitly state in their contract that they will cancel all tickets accidentally issued to residents and their guests should be booted of site and a proper parking management company brought in instead.
The Parking Prankster