SMART ARSE PARKING SOLUTIONS v. BIGOT-JOHNSON (2018)
Another post delivery. Another letter . Another PCN . Another " Why don't you stick this PCN right up where the sun don't shine " reply. Another court case. Another chance for Bigot to do what he does best.
Council for the plaintiff : This reprobate Bigot-Johnson entered my client's car park and then left after 50 minutes ......but true to form he failed to purchase a ticket . Non payment in my book equates to theft : receiving the benefit of being able to park a car but then opting to do a runner. It's time for Bigot to face the full force of the law and pay the PCN in full plus all our costs for bringing this dispute to court.
B-J : The £100 charge can only apply if I had parked my car in one of the bays.....however this proved impossible because the car park was full. I spent the whole 50 minutes driving around looking for an available parking space but to no avail. So I gave up and left the site.
C-J : Your Honour.......this is a monstrous lie. No one drives around a car park for that long.
B-J : Well I did..........since I'm not one for giving up
C-J : It's obvious he must have parked up . Our records show other cars entering not long after Bigot did and they had no difficulty parking up and purchasing tickets.
B-J : Yes , all these bastards kept sneaking in and beating me to the few spaces which suddenly became available. On two occasions drivers actually crashed into me to get their noses infront. Not surprisingly.... fierce verbal altercations followed , whereupon I felt compelled to get out of my car and throw a massive tantrum.
CP : Your Honour......just listen to the man. He's a maniac..... and a thief
Judge : But can you prove he actually parked his car in one of the bays ?
CP : No........but he must have........ given the time he was there. Anyway , the terms and conditions stipulate that a ticket must be purchased within 20 minutes of entering the site. A requirement that cannot be ignored.
B-J : Well , I couldn't see the point of leaving the car park only to re-enter the site to try again
Judge : That's makes good sense
CP : But surely on the balance of probabilities he must have parked up ?
B-J : Your Honour.....I have brought with me to court the two drivers I threw a wobbly at to vouch on my behalf that I was actively looking for a parking bay . They were more than happy to do so since they hate private parking companies more than they do me....... especially after picking up PCNs from this scumbag of a company..... for not correctly displaying their tickets on the dashboard.
Judge : Well, it seems to me BIgot....you were telling the truth. Therefore I cannot see that a charge for driving around a car park in any way can be a genuine pre-estimate of loss , as opposed to actual parking. Since no parking space was used , Smart Arse Parking Solutions cannot prove they incurred any actual loss of income. Case dismissed.