Friday, 23 September 2016

PARKING EYE v. BIGOT-JOHNSON 2016 ( Case no. 4 )

Yet again Bigot was refusing to pay a PCN which claimed he failed to enter the correct  vehicle licence plate number into the ticket machine in order to make the ticket valid. despite using up only one hour of his paid 4 hour stay. The company was adamant he was in breach of this exciting new condition and therefore the fine had to be paid. Bigot of course refused , happy to take his chance in court.

Counsel for the plaintiff : Please tell the court why you refused to pay the £70 PCN ?
B-J : This demand was ridiculous since I paid for 4 hours parking of which I only used up one. Indeed , I feel I was owed a refund but asking for one which be like pissing against a gale force wind. Moreover that freed up parking space was no doubt sold again earning the company another 3 hours ticket income. So how can it be commercially justified to extort another £70 from a hard up motorist like me ?
CP : You broke the rules......you entered an incorrect licence plate number
B-J : An innocent mechanical mistake caused by someone behind me in the queue bumping into me at a critical moment
CP : No excuses please.....you made a mistake and that renders you liable for the fine
B-J : My research has uncovered that Parking eye makes a substantial profit on ticket revenue after taking into account all their costs , which include the administration of issuing and chasing up tens of thousands of PCNs, obtaining details of drivers' addresses from the DVLA , and money spent on legal costs and expensive lawyers
CP : Your point ?
B-J : This means that the income from the 90% of motorists who are forced to pay up has enabled the company to get very rich ,  using the law courts to exploit a very lucrative and vast profit centre to the full. 
CP : That's what good business is all about
B-J : So these fines are not there as a means by which car parks can be successfully managed , ensuring that over-stayers do not clog up the spaces which other car park users are hoping to find.
CP : Good lord no......that argument was used to fool the supreme court judges.....you see , most times of the day car parks have lots of spaces available.....and like you mentioned earlier many motorists leave their bays long before their tickets expire.
B-J : So these PCNs are all about obtaining money by threats and coercion
CP : Indeed , there are .....and remember my client will hound you forever until it gets your £70

Wednesday, 21 September 2016

PARKING EYE v. BIGOT-JOHNSON 2016 ( Case No. 3 )

With regards to his ongoing battle with the most infamous private parking company of all time , Bigot-Johnson deliberated extended his stay by 5 minutes only to receive as expected another £70 PCN demand. As usual he refused to pay willing to take his chance in court for a third time. 

Counsel for the plaintiff : I put it to you Bigot that you have breached Parking Eye's terms and conditions by not having a valid ticket at the time you left the hospital car park. 
B-J : I only over-stayed by 5 minutes
CP : A clear breach of contract
B-J : But the demand for £70 is unfair , unreasonable and unjust . The £70 charge amounts to an extortionate sum which should be by all accounts an unenforceable penalty
CP : Not according to our Supreme Court who in a ruling against Beavis said the such charges are commercially justified 
B-J : Well these law lords got in all wrong
CP :  Oh please enlighten this court as to why ?
B-J : I notice that the company has a variable pricing tariff , which requires motorists to pay more if they wish to park for longer periods
CP : That is true
B-J : But in the case of over-stays there is the same flat, fixed penalty charge to cover this type of breach of contract irrespective of whether the wrongful act is petty and insignificant , or serious and severe.
CP :  Can't argue with that....
B-J : So take motorist A who overstays by 7 minutes only to receive a PCN.......this amounts to a fine of £10 for each minute involved. Motorist B who overstays by 70 minutes incurs a fine equivalent to £1 per minute , whereas motorist C who oversays by 4 hours 40 minutes , the charge per minute is a mere 25 pence. 
CP : Yes ...your maths is correct
B-J : This means that motorist A  who is only guilty of a minor transgression is penalised and punished far more than motorist C who was blatantly and flagrantly in breach of contract ......relatively speaking. Whilst his car occupied the bay for over 4 hours , the company of course...... assuming the car park was busy..... would indeed have missed out on 4-5 hours of additional income ..........which isn't the case with motorist A. The losses caused by these breaches were significantly different and the penalty charges should reflect this fact.
CP : Why ?
B-J : For reasonableness , fairness and justice to apply, proportionality becomes an essential requirement. Therefore, fixed penalties are unjust for lack of proportionality and the supreme court judges failed to address this issue. Siding with businesses who have no soul , heart or moral conscience beggars belief. Consumers need to be protected.
Judge : Or perhaps motorists should get back to their cars in plenty of time before the expiry times printed on their tickets......or better still be prepared to purchase an extra hour or so to allow for any possible problems or delays which might adversely affect their ability to make a prompt return . Might I suggest they set warning alarms on their watches and mobiles
B-J : Do I take it your honour you hate motorists ?
Judge : With pure unadulterated venom


   



Monday, 19 September 2016

PARKING EYE v. BIGOT-JOHNSON 2016  ( CASE No.2 )

For a second time this infamous money grabbing company issued a £70 PCN against Bigot-Johnson who for a second time refused to pay. Determined to crush and punish those who defy their threatening demands for money,  the company hired yet another crack lawyer to take on a doggedly determined Bigot . The following extract from the trial's transcript appears below.

Counsel for the plaintiff :  You cannot deny Bigot that your car was parked at a time when you had no valid ticket 
B-J : What.....I recall the 2 hour ticket purchased allowed me to park up to 4.30 pm.....and I left the car park at exactly 4.13pm
CP : Correct....... but the ticket was purchased at 2.30......and our cameras registered your entry into the car park at 2.05 pm. So for those 25 minutes of parking you  had no valid ticket
B-J : What.......it took me 5 minutes to find a vacant bay......then another 20 minutes to read your umpteenth version of revised terms and conditions in order to fully understand the basis of what contract I was entering into
CP: The rules are strict......a ticket has to cover the time period for which your car is parked up in a bay....and yours didn't
B-J : Hold on......but every motorist has to park up first before making his/her way to the ticket machine, which automatically means there will be a few minutes of unpaid parking which cannot be avoided
CP : Correct .....but that's the way the cookie crumbles
B-J : So that means everyone can be targeted and fined for unpaid parking
CP :  Without a doubt.....in fact Parking Eye have discovered this marvellous way of stitching up every motorist who comes into their car parks , such is the extent of their unending greed and hell bent desire to maximise profits 
B-J : You mean profiting by means of deception and extortion
CP : That's one way of putting it......but the company regards these practices as being commercially justified in a corporate world where consumer exploitation is legitimate and rife

Thursday, 8 September 2016

BIGOT-JOHNSON FINALLY CALLS IT A DAY.........

Sadly , this blog has completed its journey because in essence it was a story , which like any other story comes to an inevitable conclusion.
The motivation behind this blog was to expose ignorance and injustice , and the harrowing tale of two parties locked in a bitter legal dispute wasting huge sums of money on legal fees without resolution. Such stupidity , such insanity.
The story kicked off with the flying bridge mate incident which triggered an all out witch hunt by the club committee to get rid of the pilot member,  who had over the years been involved in other skirmishes with club officials. The disciplinary process that took place breached every known rule of natural justice , which the committee vehemently denied. The fact the accused never had an initial hearing was never considered to be a major issue , let alone the presence of blatant bias which bordered on blinkered lynch mob mentality.
With the club committee spurning the offer of early mediation to right the wrongs of the internal appeal debacle , the rocky road of expensive litigation was soon embarked upon. Six years on,  but a few weeks before the scheduled trial each side was now out of pocket to the tune of £130,000 plus. Then , out of the blue , a reality eventually sunk in that the judge was almost certainly going rule that each party would have to pay their own costs irrespective of the outcome. This of course made the trial a pointless and futile exercise as the recovery of costs had ultimately taken over from the question " had there been a wrongful expulsion ". Why therefore waste any more money ?
However , what really galled me was that the committee members were never at risk of being made personal liable for the legal fees , having secured the backing of nearly all the members to fight the action using club money. Needless to say the these members were never given the full facts at any time about the dispute, or the financial implications of proceeding to court ,  having to vote on resolutions in ignorance of the committee's inexplicable errors of judgement.
When at last the plaintiff's hands down offer was accepted by the committee, the new chairman declared that a line needed to be drawn, and that this sad and sorry affair should be confined to the history books and left alone. Nobody was held to account and certain individuals who were ultimately responsible for wasting and squandering club funds on a lost cause were allowed to remain on committee , never prepared to acknowledge or apologise for their failings. 
As a blogger I wanted to tell this story if only to warn all other bridge clubs to avoid making the same mistakes this club did over a 6 year period. Hindsight may be a wonderful thing but foresight is so much better........and far less costly. 



Tuesday, 30 August 2016

WHERE DO TOPS COME FROM ?.........( Article by Carp )

Ideally, they should come from superior bidding alongside superior card play. A situation where experts manage to cleverly engineer an auction towards an ideal outcome , which creates for them golden opportunities to seize and exploit to maximum effect.
Sadly however in the world of duplicate bridge tops usually arrive as unexpected gifts , courtesy of their opponents ;
- bidding misunderstandings in the bidding 
- gross underbidding and/or bidding 
- careless or inept play of the cards
- costly breaches of the rules ( incurring penalties or damaging restrictions )  
- revokes
- mechanical errors such as pulling out or playing the wrong cards
- crucial lapses of concentration
- magical thinking
- allowing emotions to take over from sound judgement
- an alarming inability to read the cards or piece clues together
Good scores are all to often the result of unforced errors , as in a game of tennis. Too many tops are undeserved, such as  arriving at a ridiculous , impossible slam only to make it against all the odds,  because of woeful and inept defence. If winners are deemed to be the players who make the least number of mistakes , it must also be true that winners  are those who profited most from mistakes committed by opponents than any other pair in the room.


Sunday, 28 August 2016

NORTHERN PRO FACES UP TO AN ALARMING REALISATION...............

- Northern Pro ......why are you looking so worried ?  Is it because our scores are 
  too woeful to even talk about ?
- Partner , can't you see what's going on around here ? I'm the last of the 2 percenters. All
  the others have gone.........and I might be next
- But who are these 2 percenters ?
- Members who the chairman of old declared as the enemy in the camp. Members who 
  openly objected to the decisions being made by the committee. Members who needed 
  to be disciplined and removed. Members who left because no one was willing to hear
  or accept unpalatable truths.
- So how come you're still here ?
- By keeping a low profile and pretending to be everyone's friend
- Smart thinking
- Yes.....just the same thinking that was involved in the development of my incredibly
   brilliant bidding system
-  Of course......I should have guessed that....

Monday, 22 August 2016

NORTHERN PRO STEADFASTLY REFUSES TO ACCEPT ANY BLAME.............

- Northern Pro ....that minus 1100 on the last board was shocking
- Listen muppet-head I had to sacrifice in 5C since the opponents went to game in 4S
- But you triggered them into bidding by opening 1C in fourth position ! 
- Might I point out that my incredibly brilliant bidding system and hand valuation methods 
  warranted an opening bid......so let's look at the hand analysis sheet to see what the experts
  say
- Well....it says here.... " This hand should be passed out .....a guaranteed death trap for 
   whoever ends up as declarer "
- Oh.........but hold on.....why didn't you stop me bidding 5C by doubling them in 4S ?
- Sorry to remind you Northern Pro .....I did double them in 4S .....as well as doubling them 
   in 3S....both times for penalties
- Ah...but you failed to plant the double card on the table with sufficient force so as to get  
  the message across
- So am I to blame for this catastrophe ?
- Who else ....