ParkingEye v Beavis – Beavis appeal DISMISSED
On the 4th November 2015 The Supreme court dismissed Mr Beavis’s appeal by a majority of six to one, and declared that the charge appealed does not contravene the penalty rule, or the Unfair Terms in Consumer Contracts Regulations 1999.
The £85 charge is not a penalty. Both ParkingEye and the landowners had a legitimate interest in charging overstaying motorists, which extended beyond the recovery of any loss. The interest of the landowners was the provision and efficient management of customer parking for the retail outlets. The interest of ParkingEye was in income from the charge, which met the running costs of a legitimate scheme plus a profit margin . Further, the charge was neither extravagant nor unconscionable, having regard to practice around the United Kingdom, and taking into account the use of this particular car park and the clear wording of the notices.
Please see this link for a summary of the Judgment