Thisis truly a landmark case within the parking world that has been an ongoing case for many years and today the case did not go in favour of Mr Barry Beavis. Beavis’s original appeal was that he claimed that an £85 parking charge notice was unfair for breaching a 2 hour free stay by 56 minutes in April 2013 in Chelmsford. The court of appeal has dismissed Mr Beavis’s claim against the management company parking eye.
The Supreme Court handed down the judgement in the matter between parking eye and Mr Barry Beavis on the 4thNovember 2015. The further appeal was heard over 3 days during July 2015. The appeal was considered in July by 7 Supreme Court justices who then announced their decision on the 4th November 2015.The majority decision reached by the Supreme Court dismisses Mr Beavis’s appeal on both grounds.The judge’s decision was that the charge was clearly signposted and legitemley intended to deter motorist over staying in the busy city centre.
The supreme court also agreed with the analysis of the amount charged was neither ‘extravgent’ nor the amount of the parking charge was excessive and unfair.Mr Beavis’s states that he is very disappointed in the supreme court decision as the supreme court have decided these charges are allowed are not excessive.
The ruling provides much needed clarity to the motorists and the parking industry as a whole as it confirms that our parking charges are approved by the British parking association (bpa) and are legally enforceable.
The main issue for the parking industry is to deter abuse in parking facilities which are provided for people wishing to carry out their daily duties. This is seen justifiable by the law. It is necessary to protect the majority of motorist who abide by the parking rules.