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18 August, 2021

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Motorist challenges parking operator in Supreme Court

Posted by worthingtons in News

A park motorist who was given an £85 parking ticket took his case to the Supreme Court to challenge the car park operator Parking Eye for ‘unfair’ fines imposed on his car today, by crowdfunding the money to pay to file his court papers. Mr Beavis was able to secure the services of John de Waal QC pro bono, but needed to crowdfund the cost of his case to pay the court fees in the Supreme Court and other expenses.

The key feature of this case is whether the parking company’s fine is classed as a penalty making it unlawful as penalties must broadly reflect the actual loss incurred. Mr Beavis’s argument is that the company does not incur a loss when someone overstays in the car park in Chelmsford, Essex.

If the court rules in favour of Mr. Beavis, this could open the door to challenges by other people receiving penalty charges and the parking operators will change their contractual arrangements with overstaying car park users to collect fines on an alternative basis. A ruling in favour of Parking Eye may enable parking operators to charge higher fees. Mr Beavis says his case is no longer about the fine but the way the industry operates.

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