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Robin Hood, Win v VCS
buttonpusher
post Sat, 7 Dec 2013 - 13:47
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Group: Members
Posts: 2,091
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Just seen on MSE and thought it might come in handy for someone.
(Appellant)
-v-
Vehicle Control Services Limited (Operator)
The Operator issued parking charge notice number arising
out of the presence at Robin Hood Airport Approach Roads
(Doncaster),
The Appellant appealed against liability for the parking charge.
The Assessor has considered the evidence of both parties and has
determined that the appeal be allowed.
The Assessor’s reasons are as set out.
The Operator should now cancel the parking charge notice forthwith.

Reasons for the Assessor’s Determination
The Appellant’s vehicle was observed at the Robin
Hood Airport Approach Roads (Doncaster).
The Operator’s case is that the Appellant breached the parking conditions by
stopping on a roadway where stopping is prohibited.
The Appellant made representations stating his case. The Appellant raised a
number of points and one of the points was that the charge exceeded the
appropriate amount. The Appellant states that only the landowner has the
right to reimbursement for any financial loss or compensation. The Appellant
submits that the Operator has suffered no loss.
The parking charge appears to be a sum sought for liquidated damages, in
other words, compensation agreed in advance. Accordingly, the charge
must represent a genuine pre-estimate of the loss any breach may cause. The
Appellant has requested that the Operator submit a full breakdown of their
charges to show their pre-estimate of loss calculation. The estimate must be
based upon loss flowing from a breach of the parking terms.
The Operator submitted that the charge is a genuine pre-estimate as they
incur significant costs in managing this car park to ensure motorists comply
with the stated terms and conditions and to follow up any breaches of these.
The Operator gave examples of such costs which include a write-off
allowance.
The Operator has produced a list of costs; however, a substantial proportion
of these appear to be general operational costs, and not losses
consequential to the Appellant’s breach. The aim of damages for breach of
contract is to put the parties in the position they would have been in had the
contract been performed. Accordingly, the Operator cannot include in its
pre-estimate of loss costs which are not in fact contractual losses, but the
costs of running its business and which would have been incurred irrespective
of the Appellant’s conduct.
Consequently I must find that the Operator has failed to produce sufficient
evidence to demonstrate that the parking charge is a genuine pre-estimate
of loss.
I need not decide any other issues.
Accordingly, I must allow the appeal.

Sakib Chowdhury
Assessor
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post Sat, 7 Dec 2013 - 13:47
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The Rookie
post Thu, 12 Dec 2013 - 06:26
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Group: Members
Posts: 56,200
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Nice......


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