Friday, 30 March 2018

 EXCEL AT SCAMMING v. BIGOT -JOHNSON (2018)

Low level car park. Heavy thunderstorms. Exit impassable. Cars stuck. Overstay PCNs issued in the hundreds. Bigot adamant he wasn't going to pay.  Yet another day in court.




Counsel for the plaintiff : Your Honour...this man....Excel's nemisis.....overstayed his 2 hour parking ticket by 27 hours and 14 minutes. His provocative behaviour and blatant defiance justifies the parking charge the company imposed upon him. Motorists like him cannot be allowed to flaunt the rules and repeatedly breach parking terms and conditions.
B-J : Allow me to point out I had returned to my car........well within the 2 hours ......only to find the car park flooded......and the exit area under 4 foot of water
CP : Come on.....get real......they was a heavy thunderstorm that day.....a few inches of water......nothing that a car couldn't overcome. You and hundreds of other drivers decided against returning to your cars because you didn't want to get your shoes wet. I have photographic evidence here .....your Honour.....that shows the depth of water in the car park barely reaching the wheel trims
B-J : It was a deluge.....the situation was getting worse by the minute....
CP :  The ticket clearly stated you  were to exit the car park by 3.13pm.....which you didn't
B-J : But the site has ceased to be car park.......it was a bloody big pond.......the terms and conditions don't apply to a pond
CP :  Don't be ridiculous.......it was still a car park albeit one under a few inches of water
B-J : But the photo shows ducks happpily swimming ........indeed the flooding was a direct result of the nearby river overflowing its banks......why I even saw one motorist sitting on top of his car catching fish with his nearly purchased rod......the whole place was awash with pond life......the site had become .....on that fateful day......part of the river
Judge : I've heard enough.....this subsequent and unforeseen event had clearly made it impossible for Bigot.....and hundreds of others to fulfil their contractual obligations. In other words the contracts were frustrated by the physical impossibility of getting to and driving their cars way. Case dismissed.....and what's more....... drivers who had ben bullied into paying these £100 parking charges  must be immediately reimbursed 
CP : My client is going to ape-shit when I inform him of this ruling
B-J : That's music to my ears.........
Judge : And mine too...

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