Planning appeals following the Beavis Case

A question about : Planning appeals following the Beavis Case

So if PE win tomorrow (I know verdicts not due till March???) where does that leave the whole POPLA GPEOL thing? UKCPM dont bother fighting POPLA appeals from this forum but I suspect they will if PE win I mean how easy would it be to turn round and say well actually.... it is a GPEOL see this case. How would we appeal then?

If PE lose and the industry gets shaken up (I dont know if it actually will..... something tells me itll get brushed under the carpet, or ignored) and by chance law is passed to permit firms to operate fairly and on the level of say the council, and they do operate fairly, how would we appeal then?

Private parking ticke.... I mean invoices are about to go from something easy to beast at POPLA using the forum advice to something thats about to be impossible to beat without genuine reasons, possibly mitigating circumstances, which ever way the case goes tomorrow. Providing the industry does change and get shaken up. Something will surely have to happen as a result of this case.

Best answers:

• It depends. Some PPC's still use breach of contract as the basis for their charges. A win for PE probably wouldn't mean a lot in that case as a loss must be either actual or a GPEOL because they are recovering a loss.
  For PPC's using contractual charges a win for PE will make their life easier. They won't need to justify the charges as being a loss. They will still need to prove they are commercially justified. Which is rather vague. There are still other issues with the contracts that could also make them hard to enforce. It would be a bit like a legal version of Three-card Montey where it's fine to shake you down because you've received entertainment value and nobody guaranteed they would play fair.
  I suspect a win for PE would see an end to anyone using breach of contract to peruse motorists. However, it does seem to fly in the face of the intention of PoFA where the intention was to allow landowners to recover losses. A win allows them to create "losses" to recover as they please.
• I suspect whoever wins it's heading for the Supreme Court so it'll probably drag on for another year.
• Let's not forget, GPEOL is not the only defence. Poor signage - a hallmark of PE - is still a possible defence.
  The irony is, the more successful PE is at catching people out, the more difficult it will be for them to make money as people will avoid their car parks.
• And it will be interesting to see how POPLA handle whether there is commercial justification for a charge of Ј100 when there is an actual loss of P&D revenue of 10p or failure to enter a reg no correctly for example .
• I hope the regulars will pull something off because without their help I know Ill be screwed.
• The Charge is commercially viable.
  One payment appears to grant parking for life.
  If you break the terms you agree to pay Јxxxx
  Now over several years that looks like a good offer to me.
  Pay once, park everyday, you have accepted the contracted charge if you choose the commercial offer of the Ј85 option, it makes no mention of how long, how many times you can return, near me it just says if you stay over 3 hours or return within 4 hours in 24 the charge is Ј85 .
  No mention of how long you can stay or visit if you take them up on the Ј85 commercial contract offer
  Now Ј85 for a lifetimes contract parking looks a blooming good offer to me.
  They can have one, they can have the other, but they can not have both.
  I dont think they have thought this through.
  Lifetime parking Town centre Ј85 anyone ?
  I'm In !
  Every cloud has a silver line .
• not been online here since the 19th ??
• If only there was a way to just pay the Ј85