ParkingEye win Cambridge Test Case
Due to the large amounts of outdated, misleading and inaccurate advice propagated on certain online forums and blogs, ParkingEye has been forced in recent months to take legal action against those who fail to appeal or pay Parking Charges. This is because these internet sites continue to inform motorists that Parking Charges of this nature are not legally enforceable, and it has unfortunately become necessary to demonstrate that these are indeed legally enforceable. This has led to legal action being taken on a large scale, and ParkingEye has experienced a very high success rate in the County Court.
This recently culminated in a scheduled Test Case before HHJ Moloney QC on 22nd April 2014, who stated in his Judgment, “I have taken the unusual course of hearing these two cases at first instance in the hope that this decision will assist the parties and District Judges hearing similar cases in future.”
The hearing lasted for a full day, and addressed the many legal and pseudo-legal arguments that said online forums and sites encourage motorists to use. HHJ Moloney QC then reserved Judgment for a number of weeks to consider the relevant law.
The result was a resounding success for ParkingEye, with Judgment being given for ParkingEye on every point of defence pleaded. This included ParkingEye’s ability to bring the claim, the legally enforceable nature of the contract created between ParkingEye and the motorist and that the Parking Charge amount was fair and reasonable. This Judgment has been circulated to a number of County Courts, and provides District Judges with the most persuasive Judgement on claims of this nature currently available. However it should be noted that HHJ Moloney QC was influenced in his Judgment by the case of ParkingEye Ltd v Somerfield Stores and a number of other High Court and Court of Appeal cases.
ParkingEye’s advice to motorists remains the same. If you have a genuine appeal of the charge, appeal to ParkingEye as directed on the Parking Charge Notices sent. If not, a 40% reduction of the charge is offered for early payment.