A CLAIM ISSUED AFTER 5 YEARS BY BW LEGAL DISMISSED BY THE COUNTY COURT AT PLYMOUTH.

Before the County Court at Plymouth, we have successfully defended a claim issued by BW Legal on behalf of  Premier Parking Solutions Ltd.

In a nutshell, the alleged contravention took place on 16/04/2016, our client was parked in Catherine Street Baptist Church Car Park putting £2,00 into the only machine available. Our client was not issued with receipt and neither £2 registered on the payment machine. Our client left a note in his Vehicle, explaining his predicament, on his the vehicle dashboard.

The Car Park was a pay and display and our client could not display a Pay and Display Ticket as a result of the faulty payment machine.  Our client was issued with parking charges notice and appealed against the charges.  The Premier Parking Solutions Limited refused to rescind the charges and instructed BW Legal to recover the charge or issue proceedings.

We were then instructed by the Defendant.  We responded to BW letter before claim and made it absolutely that our client was not liable of the charges. Proceedings were then issued and our client submitted his defence drafted by us.

At the final hearing, we were faced with a very arrogant Solicitor Agent who identified himself as “Doctor”.  He erroneously challenged our right of audience but was lectured by the Court about it.  Our advocate, Mr Jackson Yamba made a pertinent submission that the charges should be rescinded under the doctrine of frustration and impossibility. However, the Court took a different view in the judgement. The Court concluded that the Premier Parking Solution Ltd  was in fact in breach of the contract as a result of their failure to issue a ticket to our client.  Therefore, they could not rely on their breach to recover the charges.

The claim was dismissed, permission to appeal refused  and Premier Parking Solution was ordered to pay £95 of loss of earning to our client.

Are you in a similar situation or unsure how to deal with an unfair parking charges ?

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