Parkingeye Ltd v Beavis [2015] EWCA Civ 402 (23 April 2015)

Parkingeye Ltd v Beavis [2015] EWCA Civ 402 (23 April 2015)

The £85 parking charge is not extravagant or unconscionable, is commercially and socially justifiable, and is not unfair under the Regulations; therefore, it is enforceable at common law and under consumer protection law.

Citation
[2015] EWCA Civ 402
Parties
Claimant/respondent: ParkingEye Limited; Defendant/appellant: Barry Beavis; Intervener: The Consumers' Association
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Penalty Clauses, Unfair Terms in Consumer Contracts, Parking Charges, Contractual Remedies
Contract Law Consumer Law Penalty Clauses Unfair Terms in Consumer Contracts Parking Charges Contractual Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

ParkingEye Limited

Claimant/respondent

Barry Beavis

Defendant/appellant

The Consumers' Association

Intervener

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the £85 parking charge is unenforceable as a penalty at common law
  2. 2 Whether the parking charge is unfair and unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999

Ratio Decidendi

The £85 parking charge is not extravagant or unconscionable, is commercially and socially justifiable, and is not unfair under the Regulations; therefore, it is enforceable at common law and under consumer protection law.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the parking charge is enforceable.