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 the Parking Company 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 the Parking Company 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
Over the last two or three years Private Parking Companies have had a lot of interest from certain internet websites who recommend that drivers ignore Parking Charge Notices.
This misinformation is now causing a number of these drivers’ further costs in the County Courts. National Parking Enforcement Ltd has, in 75% of recent court cases, been successful against drivers who choose to take legal advice from internet bloggers, and we have recently teamed up with a firm of Solicitors who specialise in recovering unpaid Parking Charge Notices.
We have noticed an increasing amount of generic responses from drivers who simply copy and paste a standard appeal from an online source. Our solicitors, however, are now providing responses which are proving to negate these attempts to have a Parking Charge Notice cancelled. Our success rate is down to the diligent way we record every detail of each PCN ever issued, and this enables us to supply the courts with an impressive amount of information, proving without question that our PCNs were issued correctly, and in line with the Terms and Conditions on the warning signage in the area where the ticket was issued.
We would also like to make drivers aware that we can take legal action against them up to a period of 6 years after the date of the original PCN issue. Unfortunately many drivers who ignored the first ticket they were issued (thinking it would go away) have subsequently been issued with a second ticket, which only strengthens the case for our Solicitors.
Our message is straightforward: if you choose to take your legal advice from an unidentified and possibly unqualified source, then choose to ignore an issued PCN, it is now very likely that a £60 original charge may become much more expensive.
National Parking Enforcement Ltd has a rapidly expanding client base in the UK. Our company now has in excess of 300 clients and over 400 hundred parking areas which we manage and control.
We are seeking employees in several parts of the UK to help and assist us with this growth and invite you to contact us if you live in an area where you feel our services would benefit local businesses and organisations.
Perhaps you live in an area where wheel clamping signs are still on display or a previous parking company has stopped trading, or it may be that you have an existing client base and would like to offer a superior service? For further information about joining our team please contact us.
Your email will need to include your full name, address, a landline telephone number and brief details about any experience you may have already had within the Private Parking Industry.
Because of the nature and sensitivity of this industry, we may need proof of identity before discussing any employment terms with National Parking Enforcement Ltd.