Private parking fines bonanza after court ruling

The Supreme Court has ruled in favour of a private parking firm, opening the door for outlandish fines from parking companies across the UK.

Barry Beavis, a 47-year-old who owns the Happy Haddock chip shop in Billericay in Essex, had challenged a £85 fine he received from ParkingEye, after parking in Chelmsford in Essex 2013.

He argued that such an enormous fine for overstaying by 50 minutes was excessive. His lawyers also said that the level of the fine should compensate the company for any loss - and deter overstayers - rather than make large profits for the firm.

Beavis had already challenged the fine in court, and lost. He then challenged it in the appeal court and lost. The Supreme Court was his last hope.

Unfortunately the judges ruled that ParkingEye had acted lawfully. They said the company did not have free reign to charge whatever it liked, but that £85 was "neither extravagant not unconscionable". It took into account the fact that the notices in the car park had made the potential fines clear.
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What does this mean?

The ruling could open the door to other car park operators and private companies who want to make a small fortune from parking fines. At the moment, there are a number of grounds on which to appeal against a parking fine received on private land, and one of them is the argument that the amount that the parking firm in question has charged you is excessive, and does not reflect their losses. This ruling will make it harder for people to make this argument, as the company will be able to highlight there is a legal precedent for charging at least £85.

Edmund King, president of the AA warned: "The result will lead to private parking enforcement companies riding roughshod over drivers in private car parks – even more aggressively than they do now.... Such is the nature of an unregulated industry scrambling to get as much money as it can from drivers."

Which? executive director Richard Lloyd agreed: "This is a thoroughly disappointing judgment based on a narrow interpretation of the law. It will cause chaos if cowboy parking firms choose to take advantage of the ruling by hitting drivers with even more excessive charges. Our advice to consumers is to be on your guard and always appeal if you think a parking fine is unfair."