MPs debate Proserve’s antics |
MPs debate Proserve’s antics |
Wed, 12 Dec 2018 - 13:07
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#1
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Member Group: Members Posts: 334 Joined: 1 Jul 2014 From: east sussex Member No.: 71,587 |
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Wed, 12 Dec 2018 - 13:07
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Thu, 13 Dec 2018 - 07:57
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#2
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Member Group: Members Posts: 1,114 Joined: 7 Aug 2009 Member No.: 31,007 |
It's a misconception (apparently, one held by the MPs who commented) that the Ransomes v Anderson appeal ruling made £300+ charges enforceable, but in practice a lot of judges seem to look at the 'headline result' of the appeal and uphold the charges, although in fact the circuit judge made clear that the signage was inadequate to create a contract binding on the motorist, and the amount awarded (£97.50) was deemed to represent damages for trespass, and furthermore was a rough estimate not binding on future cases.
The greater pity is that, in the Anderson case, the district judge carefully considered all the evidence and (IMO, correctly) ruled that the alleged contract between Proserves and Anderson for the PPC charging the landowner for the trespassing parking was a sham. Having read the transcript of the ruling, I do not think the circuit judge had sufficient grounds, or indeed any grounds at all, to overturn the carefully considered and well-reasoned decision of the district judge on this point. I wonder if a firm sued for tens of thousands of pounds worth of £330 invoices will consider hiring a qualified person to contest the case, including appealing if necessary? |
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Thu, 13 Dec 2018 - 15:11
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#3
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The bigger problem with the preserve scandal is that the landowners hold the haulage companies to ransom (or is that Ransomes) by barring haulage companies with outstanding invoices, they have no choice but pay regardless of the rights and wrongs as otherwise they are put out of business. The opposite scenario of course could prevail if ALL the hauliers agree to boycott the relevant areas until Proserve are kicked off which would cause the landowners to lose a raft of business until they kicked Proserve into touch.
Proserve cases don’t end in court, they don’t need to. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Lo-Fi Version | Time is now: Thursday, 28th March 2024 - 19:53 |