Cardiff NHS hospital staff lose parking tickets case – BBC News

Posted July 17th, 2017 in fines, hospitals, news, parking, Wales by tracey

‘Seventy-five members of staff at a Cardiff hospital have been left “broken” by a court ruling that means they owe thousands of pounds in parking tickets, a campaigner has said.’

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BBC News, 17th July 2017

Source: www.bbc.co.uk

Taxi driver convicted of assaulting council parking attendant and colleague – Local Government Lawyer

Posted April 20th, 2017 in assault, community service, compensation, news, parking, sentencing, taxis by sally

‘A licensed taxi driver has been convicted of assaulting two members of a council’s parking team and given a community order requiring him to carry out 60 hours of unpaid work.’

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Local Government Lawyer, 20th April 2017

Source: www.localgovernmentlawyer.co.uk

Parking fine appeal success varies between council areas – BBC News

‘The likelihood of successfully challenging parking fines varies widely depending on where drivers get a ticket, research has shown.’

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BBC News, 5th April 2017

Source: www.bbc.co.uk

Councils rejecting parking appeals ‘out of hand’ without reading them – watchdog report – Daily Telegraph

Posted February 6th, 2017 in appeals, fines, local government, news, ombudsmen, parking, reports by sally

‘Cash-hungry councils are “all too often” rejecting out of hand drivers’ challenges to parking fines without even bothering to read them, according to a watchdog report.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

Chief druid wins right to take English Heritage to court over Stonehenge parking charges – Daily Telegraph

Posted January 11th, 2017 in charities, human rights, news, parking by sally

‘A senior druid has won the right to take a charity to court over “pay-to-pray” parking charges for the Summer Solstice at Stonehenge, claiming it should be free.’

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Daily Telegraph, 10th January 2017

Source: www.telegraph.co.uk

Chatbot lawyer overturns 160,000 parking tickets in London and New York – The Guardian

Posted June 29th, 2016 in appeals, artificial intelligence, computer programs, fines, London, news, parking by sally

‘An artificial-intelligence lawyer chatbot has successfully contested 160,000 parking tickets across London and New York for free, showing that chatbots can actually be useful.’

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The Guardian, 28th June 2016

Source: www.guardian.co.uk

Winterburn and another v Bennett and another – WLR Daily

Posted June 8th, 2016 in appeals, easements, law reports, parking, prescription, rights of way, tribunals by sally

Winterburn and another v Bennett and another [2016] EWCA Civ 482

‘The claimant owners of a fish and chip shop claimed as a result of use over a number of years to have acquired by prescription the right for themselves and others using their premises to park on land comprising part of a car park belonging to the defendants. The defendants’ premises, which were next to the car park, had been used as a club and users of those premises used the car park. The entrance to the car park was adjacent to the claimants’ shop. The claimants had operated the shop from about 1987 or 1988 until 2012. Throughout that time, their suppliers had up to nine times a week pulled off the road into the disputed part of the car park and parked there for long enough to make their deliveries, and their customers had parked on the disputed land while they bought their fish and chips. On the whole that use of part of the car park did not interfere with the s’ operations but over a seven-year period there were 12 to 15 occasions on which the defendants asserted ownership of the disputed land, and, expressly or impliedly, asserted that the claimants and their suppliers and customers had no right to park on it. At all times until 2007 there was a sign attached to the wall of the building on one side of the entranceway to the car park, erected on behalf of the defendants, stating “Private car park. For the use of Club patrons only. By order of the Committee”, and a similar sign in the window of the club premises. The claimants claimed that their right to park, acquired by prescription by “lost modern grant”, had been established by their 20 years’ uninterrupted user “as of right”, namely, without force, without secrecy and without permission. The First-tier Tribunal found that, although the two signs were clearly visible, they were insufficient to prevent the claimants from acquiring the claimed parking rights. The Upper Tribunal allowed the defendants’ appeal, reversing that finding.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Drivers could ‘face £70 fine’ for parking on pavements – The Independent

Posted April 18th, 2016 in fines, local government, news, parking by sally

‘Drivers could face fines of up to £70 for parking on the pavement as ministers reportedly look to extend the ban outside of London to the rest of England.’

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The Independent, 18th April 2016

Source: www.independent.co.uk

MP Simon Danczuk admits wrongly claiming £11,000 expenses – BBC News

Posted March 18th, 2016 in expenses, news, parking, parliament by tracey

‘MP Simon Danczuk has been ordered to repay thousands of pounds after admitting an expenses claims “error”.’

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BBC News, 18th March 2016

Source: www.bbc.co.uk

Robot lawyer can help you claim compensation without legal fees – Daily Telegraph

Posted January 14th, 2016 in compensation, computer programs, fines, news, parking by sally

‘Student entrepreneur who created donotpay.co.uk has launched automated lawyer to help people challenge unfair fines.’

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Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Cavendish win on penalties: Supreme Court makes finger-tip save of ageing doctrine – RPC Built Environment

Posted January 13th, 2016 in contracts, damages, news, parking, penalties by sally

‘The Supreme Court has provided long awaited clarification of the law on penalty clauses and liquidated damages, upholding the “penalty rule” but further limiting its utility in a commercial setting. In the adjoined appeals of Cavendish Square Holding v Talal El Makdessi and ParkingEye Limited v Beavis the Supreme Court created a new authority for consideration of the penalty rule doctrine, termed by Lordships Neuberger and Sumption to be “an ancient, haphazardly constructed edifice which has not weathered well”.’

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RPC Built Environment, 6th January 2016

Source: www.rpc.co.uk

After Cavendish Square/ParkingEye, is it more or less likely to be a penalty? – Employment Law Blog

Posted November 25th, 2015 in appeals, news, parking, penalties, Supreme Court by sally

‘Reports of the decision of the Supreme Court in the joined appeals in Cavendish Square and ParkingEye left me confused because some reckoned the decision represented a narrowing of the application of the penalty doctrine whilst others considered it had expanded the doctrine’s scope. So on a wet weekend afternoon I took hold of a copy of the Judgment – [2015] UKSC 67- and tasked myself to find out. Here is what I found.’

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Employment Law Blog, 23rd November 2015

Source: www.employment11kbw.com

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

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Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Local authority ordered to pay £200k after sports ground car park death – Local Government Lawyer

Posted September 16th, 2015 in accidents, costs, fines, guilty pleas, health & safety, local government, news, parking by tracey

‘A local authority has been ordered to pay more than £200,000 after a man died when his car drove into a horizontal swing barrier gate to a car park at a sports ground.’

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Local Government Lawyer, 14th September 2015

Source: www.localgovernmentlawyer.co.uk

Businesses team up to battle English laws on penalties dating back to Magna Carta – The Independent

Posted July 24th, 2015 in contracts, fines, news, parking, penalties, Supreme Court by sally

‘Lawyers are in a legal slug-fest in the Supreme Court trying to determine if the English law on penalties has any place in the modern commercial world.’

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The Independent, 23rd July 2015

Source: www.independent.co.uk

Chip shop owner raises £6,000 in 24 hours to take parking fine appeal to Supreme Court – The Independent

Posted May 5th, 2015 in appeals, fines, news, parking, Supreme Court by sally

‘Never, it seems, should you underestimate the British public’s hatred of parking charges. When Barry Beavis, an Essex chip shop owner, asked the public for money to help take his appeal against an £85 parking ticket to the highest court in the land, he doubted he would get anything.’

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The Independent, 3rd May 2015

Source: www.independent.co.uk

ParkingEye Ltd v Beavis (The Consumers’ Association intervening) – WLR Daily

Posted May 1st, 2015 in law reports, news, parking, penalties, unfair contract terms by tracey

ParkingEye Ltd v Beavis (The Consumers’ Association intervening: [2015] EWCA Civ 402; [2015] WLR (D) 190

‘A parking charge of £85 imposed once a motorist overstayed a permitted two-hour period of free parking was not extravagant or unconscionable in the circumstances and was enforceable at law.’

WLR Daily, 23rd April 2015

Source: www.iclr.co.uk

ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

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Technology Law Update, 28th April 2015

Source: www.technology-law-blog.co.uk

Barry Beavis parking charges challenge dismissed – BBC News

Posted April 24th, 2015 in appeals, fines, news, parking, unfair contract terms by sally

‘A chip shop owner has lost his Court of Appeal challenge over what he claimed were “unfair, unlawful and disproportionate” parking charges.’

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BBC News, 23rd April 2015

Source: www.bbc.co.uk

‘Millions of pounds’ hang on one parking fine appeal – The Independent

Posted February 25th, 2015 in appeals, fines, news, parking by sally

‘Barry Beavis is in court with the aim of striking a blow “for every motorist, in every car park”.’

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The Independent, 24th February 2015

Source: www.independent.co.uk