On Thursday 23rd April the Court of Appeal handed down their ruling in the Parking Eye Beavis case. The full ruling can be found here.
Below are some quotes from the ruling which effectively legitimises parking charges for breach of contract on private land.
Para39. In the end, I am satisfied that in this case, the amount payable by the appellant is not extravagant or unconscionable and that the court should therefore not decline to enforce the contract. I would, therefore, dismiss the appeal.
34. The important questions, so far as the Regulations (Unfair trading) are concerned, are (i) whether ParkingEye acted contrary to the requirements of good faith in imposing a charge of £85 for overstaying the free period, and, (ii) if so, whether that term caused a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the motorist. The judge held that there was no breach of the duty of good faith since the terms of the contract were prominently displayed and clear to any motorist who might wish to use the car park. He also held that the term did not cause a significant imbalance in the parties’ rights and obligations because the charge was no greater than that which a motorist could expect to pay for overstaying in a municipal car park
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Appealing your ticket.
All appeals must be first to ourselves in writing. We may write back to you requesting further information. Appeals must be through the postal service, for this to be processed your appeal must include the following details:-
- The parking charge issue number.
- The vehicle registration.
- Time, Date and place of issue.
- Your full name and address.
- Appellant’s status / Driver or Keeper
- Please note that all the above details must be included to enable an appeal to be processed.
- Your email address details (optional)
- The postal address to write to is
1200 CENTURY WAY
THORPE BUSINESS PARK
If your appeal is eventually rejected you will be sent IAS (Independent appeals body) details of how to appeal. If you pay your charge you accept liability and may not appeal.