GOTCHA PARKING SERVICES v BIGOT-JOHNSON (2018)
Bigot had recently purchased a radio controlled car which he drove into a nearby shopping precinct car park run by Gotcha Parking Services. Naturally it seemed sensible to park up in the centre of an available bay , where the risk of being crushed by another much larger vehicle was extremely low. True to form the parking company issued Bigot ( the owner and keeper of the vehicle ) with a PCN for failing to buy a ticket. Bigot ignored the demand but not the opportunity to appear in court.
Council for the plaintiff (CP) : The photographic evidence clearly shows Bigot's vehicle parked up in a bay. Moreover it was an electric battery-powered motor which the driver had ......by his own admission....... guided into and out of the car park. Despite its extremely small size it took up a valuable parking space depriving other motorists from accessing this bay during a very busy shopping period . A ticket had not been purchased .......a clear breach of the company's terms and conditions.
B-J : Firstly, your Honour......the car park was only half full. Secondly, it was not restricting other motorists from using this bay. Thirdly...... " parking "... as I understand it..... means the driver must inside the car in order to vacate it in pursuit of a task outside the vehicle , which was the purpose of the visit. But in my case the radio controlled car was merely waiting a few minutes while I decided what its next manoeuvres were going to be.
CP : The car had parked up in a bay .....
B-J : Not so.....just like taxi drivers who enter and exit the site they simply stop for a few minutes so people can be dropped off or collected. They are not parking their vehicles.....they are just waiting around for a few minutes before starting off on a new call and another journey. My vehicle too was in the process of waiting up before continuing its next journey.
Judge : And what journey was that ?
B-J : A visit to other car parks and to wait up one of their empty bays.
Judge : And did you receive any more PCNs ?
B-J : Sack loads......none of which I intend to pay
Judge : Quite right......bringing this type of claim is an outrage taking up precious court time. No loss has been incurred whatsoever, The demand for money therefore is both vindictive and extortionate. Judgement for the defendant.