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

Redx

methinks they got a typo in the date on there

Case ID: UKSC 2015/0116

Case summary

Issue

1. Whether a charge of £85 for exceeding a maximum car parking period is an unenforceable penalty?
2. Whether a charge of £85 for exceeding a maximum car parking period is unfair under the Unfair Terms in Consumer Contracts Regulations 1999/2083?

Facts

The Appellant drove into a car park managed by the Respondent at the Riverside Retail Park in Chelmsford. Prominent signs stipulated that the maximum stay was two hours, after which a parking charge of £85 would be payable (reduced to £50 if paid within 14 days). He stayed nearly three hours and was charged £85, which he refused to pay.

Judgment appealed


Parties

Appellant

Barry Beavis
Respondent

ParkingEye Limited
Intervener

Consumers' Association
Appeal

Justices

Lord Neuberger, Lord Mance, Lord Clarke, Lord Sumption, Lord Carnwath, Lord Toulson, Lord Hodge
Hearing start date

21 Jul 2015
Hearing finish date

23 Jul 2015
Judgment hand down date

04 Nov 2015

judgment is due next wednesday , 04 nov 2015 at 1000 am

bod1467

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

1999 No. 2083

What that 2083 actually means I don't know, but that's where it comes from.

bargepole

bod1467 wrote: »

http://www.legislation.gov.uk/uksi/1999/2083/contents/made



What that 2083 actually means I don't know, but that's where it comes from.

It's just the reference number for the Statutory Instrument, the 2083rd one made that year.

Grandad123

I am wondering how they will announce the result.


Will they go for the Strictly Option.


Barry and Kirky will be under the spotlights. Barry in his best sequined Chippy apron and hat, and Kirky in his skin tight silks.


The Judge will introduce it, exposing a tantalising glimpse of thigh.


That awful music will play for about 15mins, while the camera jumps between the protagonists and the celebrity audience.


These will include Lord Chilcott, looking for delaying tactics, James Martin, as he is everywhere, Tony Blair, cos it's free, and David Cameron, as he is a caring person.


I suppose technically this is a Dance Off so they should go down the row of judges.

bazster

Oh very good.

JonSecadaFan

I can't find a thread on here following this that explains the detail, so can anyone please tell me if this means that anyone who overstays in a private car park, or even DOESN'T pay, will cop for the full fine plus a court case if they don't cough up? Ta.

Half_way

In Brief:
Private car parking companies still can not fine you
If you overstay ( by mistake/unintentionally ) , or break some other made up rule you still do not have to pay - if you deliberately park somewhere then you are on slightly stickier ground.

The main rule is do not pay a private parking company when presented with a ridiculous overblown parking charge notice, doing so only fuels the parasites and allows them to vicimise other people, such as Mrs Holt who visited a Hospital.

Theres plenty of advice on the stickies thread, take a look
Also if you have fallen vicitm to a Parasitic parking company (PPC) start a new thread with the problem

Norfolk_Jim_2

Hi

we have just received a re-directed letter (via post office as just moved) x 2 from DRPL Ltd demanding a payment of £130 for an unpaid parking overstay back in Aug 2013. They say this payment is due and refer to the 'Landmark court decision' on 4th Nov 2015. Creditor is Euro car Parks and says they do not appear to have been paid despite multiple requests (back in 2013 which were ignored and not even acknowledged.

Now here's the question - that car was sold late 2013 and my son actually moved away to his own home on mid 2014. We moved from the address the letter was sent to in early January 2016 so in affect they don't actually have any idea where either he or we live.

Can they trace him through DVLA database on another car or via post office for re-directed post or what.

interestingly the letters were sent on 21/1/2016 by 2nd class post arriving today and demand payment no later than 4th Feb.

What do we do? Simply ignore or what?

thanks for your time

Fruitcake

Norfolk_Jim wrote: »

Hi

we have just received a re-directed letter (via post office as just moved) x 2 from DRPL Ltd demanding a payment of £130 for an unpaid parking overstay back in Aug 2013. They say this payment is due and refer to the 'Landmark court decision' on 4th Nov 2015. Creditor is Euro car Parks and says they do not appear to have been paid despite multiple requests (back in 2013 which were ignored and not even acknowledged.

Now here's the question - that car was sold late 2013 and my son actually moved away to his own home on mid 2014. We moved from the address the letter was sent to in early January 2016 so in affect they don't actually have any idea where either he or we live.

Can they trace him through DVLA database on another car or via post office for re-directed post or what.

interestingly the letters were sent on 21/1/2016 by 2nd class post arriving today and demand payment no later than 4th Feb.

What do we do? Simply ignore or what?

thanks for your time

You need to read the Sticky thread for NEWBIES then start your own thread if you need further help. This thread you have posted on is about a court case that has been and gone.

You can safely ignore DRP but not a parking ticket.


The advice since 2012 has been, do not pay, never ignore, do not reveal who was driving, do not miss the appeal deadline. Read the NEWBIES then appeal as Keeper to the parking company. Unfortunately you ignored all this hence the debt crawler letters.

Umkomaas

Please start your own thread. You will get answers to your questions there. Have you read the NEWBIES FAQ sticky, near the top of the forum thread list, one page back from here? Post #4 deals specifically with the likes of DRP.

Please read that.