ParkingEye v Barry Beavis
On the 4th November 2015 the Supreme Court handed down Judgment in the matter between ParkingEye and Mr Barry Beavis. This further appeal lodged by the Defendant was heard over the course of three days during July 2015 and the majority decision reached by the Supreme Court, dismisses Mr Beavis’ appeal on both grounds.
In reaching this decision, Lord Neuberger, Lord Sumption, Lord Mance, Lord Clarke, Lord Carnwath and Lord Hodge (Lord Toulson dissenting) found that the Parking Charge levied by ParkingEye was neither ‘unfair’, nor ‘penal’, and concluded that ParkingEye had a legitimate interest in charging overstaying motorists.
The Supreme Court also agreed with the analysis of the amount of the Charge previously proffered by both HHJ Moloney and the Court of Appeal, finding that the sum of £85 was neither ‘extravagant, nor unconscionable’, as well determining that the amount of the Parking Charge was reasonable. A full copy of the Supreme Court Judgment can be found here: https://www.supremecourt.uk/cases/docs/uksc-2013-0280-judgment.pdf
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.
For more details on the Court of Appeal Judgment, or on the first instance hearing presided over by HHJ Moloney QC, please refer to our earlier news stories, “ParkingEye win Landmark Court of Appeal Case”, and “ParkingEye win Cambridge Test Case”.