EXCEL AT SCAMMING v. BIGOT-JOHNSON ( 2017)
The company was now finding Bigot a major thorn in their side , but now after five consecutive visits to their site they had rock-solid evidence to prove multiple overstays. On each occasion Bigot had paid £3-50 , which only permitted him to a 2 hour stay. Another 10p of course would have enabled him to stay 3 hours. As it stood each overstay was around 50 minutes, and Excel were confident of nailing Bigot big time with a four figure claim .
Counsel for the plaintiff : Bigot....you are without doubt a serial offender, who on five consecutive days overstayed by 50 minutes,denying my client the desperately needed income to help pay the wages for hundreds of overworked admin staff , asked to process the tens of thousands of PCNs issued each and every week
B-J: Hmmm......I do recall offering Excel 50 pence to cover the loss of income being the daily shortfall of 10p , over the 5 day period in question. But the company refused to accept it , insisting I paid £100 for each and every overstay. In my view Excel were under a duty to mitigate their losses , which stood at 50p , by accepting my fair and honest offer. By failing to mitigate , their claim for £500 plus other costs clearly demonstrates their excessive greed and crass stupidity.
CP : That 50p was an insult .....designed to provoke and humiliate my client , who strives valiantly to provide excellent parking opportunities for motorists struggling to find available spaces close to busy shopping areas. These were seriously long overstays, costing my client far more than 10p a day.
B-J : Allow me to point out that 10p represents the shortfall in payment for 3 hours parking,
as I had on each of those five occasions put £3.50 into the machine , intending to pay the full tariff amount of £3.60. However , throughout the whole week, the machine rejected my 10p coins . So I calculated that £3.50 I paid over actually purchased 2 hours and 55 minutes parking time , given that the 2 hour tariff was only £2.40p.
CP : Did you try any 20p or 50p coins ?
B-J : Am I crazy or what ?....... I was damned if I was going to gift Excel any free money by using more valuable coinage
CP : The rules are clear .......time is purchased in hourly units only....paying an extra £1.10
did not qualify you to enjoy any more additional parking time over the 2 hours you had paid for. Mind you the company did welcome these generous over-payments.
B-J : Your Honour....surely for a contract to work in such circumstances , it is an necessary to input implied terms into the agreement, for the sake of business efficacy. One such implied time should be that when a machine fails to register undamaged royal mint coins , identified on the signage board as acceptable legal tender, a motorist is surely entitled to obtain an allowable parking time in keeping with the money paid over , calculated at 2 hours 55 minutes:. This a similar concept to paying a reasonable price for the goods and services received .
Judge : Bigot....you astound me with your knowledge and grasp of the law. I am always open to being persuaded by good legal arguments , as in demonstrated by you in this case.
Therefore , I find against the plaintiff and dismiss his outrageous claim , which bears all the hallmarks of a corrupt, greedy , morally bankrupt car parking operator