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UK Parking Control Limited - Parking outside of bay
Comments
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OK I would say something like this:
3. It is denied that the vehicle was parked 'outside of a bay'. The Claimant's own SAR photos show it in a bay but adversely affected by an adjacent vehicle. The Defendant visited Victoria Retail Park, Ruislip with his young child to visit a number of retailers located on the site. It was very busy and the parent & child bays were full. The only option, after driving round and round was to park beside a vehicle that had overlapped their bay parameter to one side. The Defendant required space between his car and the adjacent car in order to safely remove the child in and out of their car seat. The adjacent vehicle had a knock-on effect on the position of all the other cars in that row of bays.
4. This exact scenario was discussed at the Supreme Court live hearing of ParkingEye v Beavis where the Judges were musing cases where an £85 parking charge might be disproportionate and unfair in a retail park, as opposed to the overstay charge in that case that escaped being struck out as a penalty. There is no legitimate interest in charging (punishing) every car in a row which slightly straddle bay lines due to the positioning of one vehicle.
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