A Cambridge law graduate has spurned a career in law so that he can smash the (parking fine) system.
22-year-old Michael Green hopes to amass 100,000 claimants to launch a Group Litigation Order and bring a claim against the private companies which let drivers park for free, then slap them with a hefty charge after a certain time limit expires. Green decided to devote himself to the cause after he and a friend were stung after a night out clubbing and then harassed by debt collectors.
If Green can convince enough disgruntled drivers to join his crusade, he hope to persuade the High Court that the charges amount to an unenforceable penalty clause (rather than just a parking fee) and that the tyrannical companies can only claim for liquidated damages: which he says should be zero given the initial parking is free.
Green aims to get every "fine" ever paid to any parking company in the UK refunded. He told RollOnFriday "it might work", which seems to be overstating things somewhat, and that "it's slightly insane" which seems closer to the mark. Either way he has condemned his car to quadruple-clampings wherever he goes.
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22-year-old Michael Green hopes to amass 100,000 claimants to launch a Group Litigation Order and bring a claim against the private companies which let drivers park for free, then slap them with a hefty charge after a certain time limit expires. Green decided to devote himself to the cause after he and a friend were stung after a night out clubbing and then harassed by debt collectors.
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Green and his dream army, yesterday |
If Green can convince enough disgruntled drivers to join his crusade, he hope to persuade the High Court that the charges amount to an unenforceable penalty clause (rather than just a parking fee) and that the tyrannical companies can only claim for liquidated damages: which he says should be zero given the initial parking is free.
Green aims to get every "fine" ever paid to any parking company in the UK refunded. He told RollOnFriday "it might work", which seems to be overstating things somewhat, and that "it's slightly insane" which seems closer to the mark. Either way he has condemned his car to quadruple-clampings wherever he goes.
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It sounds like Green has a similar legal argument to us.
In our case, aside from the fact that the car park was very dark at the time with no visible signs as you drove in (sign too high to be illuminated by headlights), our technical argument is that the claim is for liquidated damages at best, and thus the parking company must prove a loss, and prove it is a reasonable sum.
What they should have said on the sign was that by parking here for more than 2 hours, the person parking agrees to pay £100 (which would have made it a simple claim in contract) rather than what they actually say, which is that you must pay £100 if in breach of the agreement (liquidated damages)- a big difference.