Sometimes we have to deal with things a bit out of the ordinary.
Last year, Phil Speak’s son Nick was caught stopped in a local fuel filling station whilst eating a burger he bought at the local Mac D’s. Not only did he not pay the £100.00 fine for parking on private land in a no park zone (despite been sat right next to a sign at the time…) but he also forgot to tell his dad, until that is, he received a summons.
The claimant company (Halifax Car Park Management Ltd) and their solicitors (Gladstones) relied on their interpretation of the 2015 case of ‘Parking Eye v Beavis’ when formulating their position, together of course with their on site signage.
Phil started to review the case and found that it established a number of ‘tests’ which a claimant company had to pass in order to prove that the contract they were accusing the defendant of breaking was in fact legitimate.
Whilst the tests were passed by Parking Eye in the famous 2015 case, Phil managed to prove in his defence statement that Halifax Car Park Management, despite their barristers best efforts, had not.
The judge struck out the claim and Nick got away with what would have been the most expensive burger ever…
Whilst we are not now going to specialise in the legality of parking contracts, we would be happy to offer help to those unfortunate to find themselves in the same position as Nick…
Just contact us at: firstname.lastname@example.org