EXCEL AT SCAMMING v. BIGOT-JOHNSON (2016) Case No. 2
This time Bigot was incandescent with rage having received yet another PCN from the biggest money grabbing company known to man and motorist. This was for a second visit to the hospital car park in which he believed he had no duty whatsoever to purchase a ticket , having already paid for an all day ticket. So confident the judge would side with him Bigot had organised a champagne celebration party for after the trial. However, even best laid plans go can sadly astray , as the following extract from the trial's transcript reveals.
Counsel for the plaintiff ( CP ) : Bigot .....is it true you entered the hospital car park at 11.05 am but failed to purchase a ticket for your three hour stay ?
B-J : Yes.....but why the hell should I. The fact is a purchased an all day ticket at 9.30 am. However , my wife needed her lap top which I had forgotten to bring me. So I returned home to collect it and re-entered the car park at 11.05 only to go back to the same bay I used earlier. Naturally , I believed my original all day ticket was still in force.
CP : Sorry to inform you that wasn't the case. You terminated that contract the moment you exited the car park at 10.15am. Therefore when you re-entered the car park 50 minutes later a new ticket was required..........a ticket you negligently or foolishly failed to buy
B-J : Well shag me with a rag man's trumpet...... you name me another business which asks a customer to pay twice for the same product or service ?
CP : I can't but car park companies are different. They operate on a vastly different business model, overloaded with terms and and conditions , which are drafted by skilled lawyers to be grossly in their favour, to the detriment of innocent and gullible motorists. These numerous and nasty rules so cleverly inserted into their contract are..... I'm afraid to say......legally watertight and horribly onerous.....so welcome to the world of freedom of contract.
B-J : But this £70 fine was both uncalled for and unconscionable. If the company had any morality.... or goodwill....... it should only issue a PCN when attempting to recover the exact amount which relates to actual loss of income incurred , or when a deterrent fine is deemed absolutely necessary. Moreover, most of the money raised from this source should automatically be donated to a worthy charity, such as MIND which has to deal with hundreds of stressed out motorists, completely paranoid about overlooking and breaking parking rules.
Judge : Get real Bigot......money grabbing dogs like them would rather die than see motorists and others benefit at their expense