Supreme Court rules Private Parking Enforcement is LEGAL
In a resounding victory for Landowners and Private Car Park Operators, the Supreme Court, the highest court in the land, today handed down its decision in the matter of Essex chip shop owner and self proclaimed Parking Tzar verses Parkingeye Ltd over the matter of an £85.00 Parking Charge Notice.
On 15 April 2013, Mr Beavis had visited the Riverside Retail Park which was managed by ParkingEye, who displayed numerous notices throughout the car park, saying that a failure to comply with a two hour time limit would “result in a Parking Charge of £85”. Mr Beavis parked in the car park, but overstayed the two hour limit by almost an hour. ParkingEye demanded payment of the £85 charge. Mr Beavis argued that the £85 charge was unenforceable at common law as a penalty, and/or that it was unfair and unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999.
The Court of Appeal upheld the first instance decision rejecting those arguments and now this decision has been re-enforced by the Supreme Court, which has determined that the purpose of the Charge is to deter motorists from breaching the Terms and Conditions and the charge was no higher than was necessary to achieve that objective.
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