Victory for the Parking Wardens!
It has been the subject of many a heated debate over the years but the Court of Appeal has recently rejected a motorist’s appeal against a £85 parking fine for overstaying the two hour period of free parking in a car park.
The question before the Court was whether the fine could be considered an unenforceable “penalty” or unfair and, therefore, unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083).
In a blow for motorists everywhere, the Court ultimately decided that the parking fine wasn’t “extravagant or unconscionable” and was plainly designed to be a justifiable deterrent. Whether you agree or not, local councils and private parking operators will be rubbing their hands at the news.
Case: ParkingEye Ltd v Beavis  EWCA Civ 402