Parking Ticket Court Case To Escalate?

Judith Thompson

The Court of Appeal was asked to consider whether the £85 parking charge was unenforceable at common law, or whether it was a breach of the Unfair Terms in Consumer Contracts Regulations 1999.

The Court of Appeal decided that the £85 charge was not "extravagant or unconscionable" and therefore the fine ought to be paid. We suspect that many motorists may disagree with this decision.

In reaching its decision, the Court of Appeal focussed on whether the payment in question was "extravagant" or "unconscionable" and decided that whilst the £85 was a deterrent against motorists staying in the car park for more than two hours, there were good reasons for that deterrent. 

The motorist wishes to appeal to the Supreme Court, who could overturn the decision of the Court of Appeal, but we are waiting to see whether this will be possible.

The law as it stands therefore means that parking tickets of this type cannot be challenged using the Unfair Terms in Consumer Contracts Regulations.