UK Supreme Court Rules in Favour of ParkingEye

The UK Supreme Court has ruled in favour of car park operator, ParkingEye, following a dispute over a parking fine. The British Parking Association (BPA) has welcomed the Supreme Court decision which has “provided clarity on the use of contract law for parking on private land.”

On 15 April 2013, Mr Barry Beavis parked in the ParkingEye car park, but overstayed the two hour limit by almost an hour. ParkingEye demanded payment of the ?85 charge. ParkingEye 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 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.

Following the decision the BPA will lead in organising a Parking Summit early next year, bringing together all interested parties including Mr Beavis, motorists, operators and landowners to assemble a consensus.