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ParkingEye v Beavis at the Supreme Court: What’s Happening This Week

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Comments

  • salmosalaris
    salmosalaris Posts: 967 Forumite
    mo786uk wrote: »
    It is possible of course that the SC overrules the CoA and says no such thing as 'commercial justification' and we are just back to where we were - that being each case is looked at on a case by case basis to see whether it is a penalty.
    dream on
    they made it very clear they don't want to revisit this
  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    Predictions are very unwise. Just look at the CoA: they cogitated for weeks and then came up with something completely out of left-field which bore no relation to anything anyone had submitted to the court from either side.
    Je suis Charlie.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    It is out that parking firms will pay good money to infest a car park.
    Landowners will now want a share.
    Parking firms will have to outbid each other for sites and raise charges to pay the bid.
    It is all going to eat itself is it not ?
    It might be the best decision if they do go for parking eye.

    How far can they go before people just stay away £500 charge, a £1000 ?
    Landowners are going to want to cash in now they know parking firms will pay £1000 a week to infest the car park.

    Who was it who said let them eat cake ?
    I do Contracts, all day every day.
  • atilla
    atilla Posts: 862 Forumite
    Part of the Furniture Combo Breaker
    And HMRC won't have missed this either.
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    atilla wrote: »
    And HMRC won't have missed this either.

    No they wont, they will be booking the dinner dance to advise them how to avoid paying tax as we speak.
    I do Contracts, all day every day.
  • gertysingh
    gertysingh Posts: 286 Forumite
    Are the Motorway Service Areas private land? I thought many were developed by the govt with tax payers money then leased to retailers and PPCs. Do they come under the same umbrella as retail parks?
    **********************************************
    Trying to educate people to stop littering the country side in trail races!!!
    **********************************************
  • mo786uk
    mo786uk Posts: 1,379 Forumite
    dream on
    they made it very clear they don't want to revisit this

    I thought the commercial justification point was the priamry issue being considered in the Beavis appeal.
  • Northlakes
    Northlakes Posts: 826 Forumite
    Ninth Anniversary Combo Breaker
    gertysingh wrote: »
    Are the Motorway Service Areas private land? I thought many were developed by the govt with tax payers money then leased to retailers and PPCs. Do they come under the same umbrella as retail parks?

    Most MSA's are private land but there are a few which are still government owned. There is a list deep in the Department for Transport website. They are mainly the ones on the early motorway network.
    MSA's will still have a licence from the DOT and that contract would make an interesting read.
    REVENGE IS A DISH BETTER SERVED COLD
  • rdr
    rdr Posts: 413 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Interesting that a car park 500m from a main railway station isn't full of commuters. Is that too far to walk? There's a free car park about that distance from my local station, which is always full by 7am. But I guess people commute INTO Bristol, not out.

    .

    Totally! Bristol is a place rail commuters travel to, Chelmsford is one they travell from.
    The Britannia opperated private car park next to Riverside charges:
    Upto 1hour £1
    2 hours £2
    3 Hours £3
    All day £4.70
    and isn't short of costomers.
    They also have an £85 charge for breach of conditions.

    I think that the carmaggenon story is credible for Chelmsford Riverside and to argue that no parking management is needed is counter productive. This does not mean that the current system is in the interest of the retailers or is fair and legal.

    It is easy to see many credible ways to spend more than 2 hours on the retail park, contributing to the retailers' turnover, that are fustrated by the car parking system . Therefore the two hour limit is not a comercial benefit to the retailers.

    Deterrence: You can park all day in the next door carpark or the council one across the road for around £5, or use the park and ride for a similar amount, therefore a daily charge of £10 would be plenty to keep comuters out. £85 is not commercially justified on this basis.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Deterrence: You can park all day in the next door carpark or the council one across the road for around £5, or use the park and ride for a similar amount, therefore a daily charge of £10 would be plenty to keep comuters out. £85 is not commercially justified on this basis.

    The minute you make it a chargeable car park at those rates, it becomes a business in its own rights, Vatable and subject to the appropriate business rates even if no one ever pays to park.
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