31 May 2012
B P Collins overturn conviction under Consumer Protection Regulations
B P Collins LLP successfully acted for a private parking company in the Court of Appeal by over-turning one conviction under the Consumer Protection from Unfair Trading Regulations. All other charges against the company had been withdrawn by the judge or the jury had found them not guilty at a previous trial in the Crown Court.
Litigation partner and practice group leader, Matthew Brandis, who specialises in acting for private parking companies, advised his client from the outset of this case, which began with a trading standards interview, continued to the Crown Court and ended in the Court of Appeal with a costs order in his client's favour.
B P Collins LLP argued that its client had not breached the Consumer Protection from Unfair Trading Regulations; was entitled to rely on the British Parking Association's code of practice and its client's membership of the BPA's approved operator scheme. During the Crown Court hearing the trading standards department was criticised for its handling of the case and had to bear its own costs.
The company's Director was also charged under the Consumer Protection from Unfair Trading Regulations at the Crown Court, and was found not guilty of all charges. Furthermore, the Court not only awarded him his costs but also ordered that he receive an absolute discharge on all charges.
This case was complex and due to the fact that the Regulations are fairly recent was one of the first of its kind.