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Barry Beavis - This Morning


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2 days worth of the case as a TV recording is already here

https://www.supremecourt.uk/cases/uksc-2015-0116.html It still has a day to go the outcome/summing up is in a day or so...

 

 

There is already a post about this case here http://www.consumeractiongroup.co.uk/forum/showthread.php?449253-Parking-eye-Ltd-vs.-Beavis

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have followed some of this and the PE case looks contradictory. The judges have said that there is remedy for breach of contract and that is to sue for damages (existing law) but PE want an adjustment of the law to allow forfeiture (penalty) otherwise they cant make money at this site. The clause in contract saying your agree to pay £85 is not enforceable and they have basically admitted this point. However, the judges in the earlier levels allowed PE to argue that a penalty is allowable otherwise there would be mayhem, PE would lose money on their contract with the landlord etc. They are also arguing that their penalties somehow help with security of the properties they are based at (in a contractual sense).In other words PE may abandon their contracts with landlords (shame!!) if they cant apply penalties. The Lords have poo-pooed the idea that PE offer any security in any sense pointing out that PE dont pick up litter when they are not busy fining motorists so there is no transfer of property rights.

Now, looking at the contractual obligations of El Makressi then it looks athough if PE lose they will be rewriting their contracts with both LL's and also punters and there will be new signs showing that the permission to park will be on the basis of claiming an absolute right to the land they manage. This will raise new questions about business rates and VAT so it looks as though PE are trying to put in place a damage limitation rather than going in with the idea that they were on to a winner.

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