A potentially landmark case that could have shaken up the law on parking on private land has been dismissed by three judges at the Court of Appeal.
Motoring campaigners had hoped the case brought by a Mr Beavis from Chelmsford against the private parking firm ParkingEye, could have reduced the charges placed on drivers overstaying their time in private car parks.
Mr Beavis argued that the £85 charge levied against him for overstaying at a carpark was disproportionate and hence unlawful. However the judges unanimously decided that the charge was ‘not extravagant’.
Professor Stephen Glaister, director of the RAC Foundation, said: ‘It is deeply frustrating that the case has gone against Mr Beavis, but we believe the days of sky-high charges and business models that incentivise firms to issue tickets like confetti no matter how minor the misdemeanour are numbered.
‘The outgoing coalition government took action on making parking on public land fairer and last month launched a consultation on how to do the same on private land.
‘Ministers must take a grip of this essentially unregulated area. It should not be up to the industry to self-regulate and there needs to be a fair and reasonable code of practice set up by government.’
A paper John de Waal QC wrote for the RAC Foundation in February supported Mr Beavis’ case stating that such charges did not reflect any proper assessment of the genuine loss caused to landowners from drivers who overstayed their welcome.
Campaigners had suggested if the case went Mr Beavis’ way drivers could be in for millions of pounds worthy of refunds.
