Fines issued by private parking companies have been declared to be fair and proportionate by a ruling from the Supreme Court.
The ruling came as part of a case brought to the court by Chelmsford man Barry Beavis against Parking Eye, which issued him with a fine of £85 for overstaying in one of their car parks.
Mr Beavis took the case to the Supreme Court after the Court of Appeal had dismissed his case, stating that the charge was “not extravagant or unconscionable”.
He’d left his car for 56 minutes longer than the allotted free two hour time at the car park and was subsequently given the parking charge, which he claimed was excessive and unfair.
Citing the Unfair Terms in Consumer Contracts Regulations, he nonetheless failed to have the fine overturned after the Supreme Court stated that the charges were a justifiable deterrent.
The case was one of the largest of its kind, and was hoped to have set a precedent for future cases of this nature, though the Supreme Court’s ruling has worried many organisations.
Consumer association Which? claims that it could now lead to drivers being fined more severely for overstaying by accident, due to things like missing appointments or being late for nursery pick-ups.
Additionally, there are also fears that the ruling may now encourage more private firms to adopt business models based on charging high fines for motorists who overstay by a matter of minutes.
Which? had originally intervened in Mr Beavis’ case in a bid to ensure consumer rights were protected, and now plans to take the issue up directly with government ministers to change the law.
Richard Lloyd, Which? executive director, said: “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.”
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