Legal Aspects-Capital Car Park Control
Supreme Court of the United Kingdom - landmark court decision on 4th November 2015 a landmark judgement was handed down in favour of a parking operator who took a motorist to court for non-payment of a typical parking charge, (ON PRIVATE LAND).
This case was seen as an important 'test case' due to the complex legal arguments used by both sides. The ruling sets a legally binding precedent on all similar cases for the whole United Kingdom.
Statement on result of Parking Eye -v- Beavis, Supreme Court.
Following the result in the supreme court of Barry Beavis -v- Parking Eye we hope the position is clear in everyone’s mind in regard to the legality of Parking Charges and the fact they are FULLY enforceable in the courts, however there continues to be a number of individuals on consumer forums who are STILL trying to convince people the charges are not enforceable AND even charging people for the privilege.
The judges were perfectly clear in their judgement that parking charges issued are 100% enforceable and with the Supreme Court being the highest court in the land this decision is binding on ALL other courts – even if the judge hearing the case may disagree.
We are unsure why the internet forums are still debating the issue and continuing to give bad advice contrary to what has been confirmed in law in the high court. We can only presume it is because they have been proved wrong and all the people who ignored tickets and letters on their advice will quite rightly be unhappy when they receive county court papers through their letterbox.
It’s all well and good hiding behind a made up name and giving advice because they know there are no repercussions and they will not have to eventually pay the Charge, nor are they a qualified solicitor, but simply copying and pasting templates or advising to completely ignore any correspondence which simply results in the amount almost doubling the original amount, a visit to court, a CCJ and possibly an unpaid day off work.
One thing is clear, thanks to the internet forums they have done wonders for strengthening the legal position of parking companies who issue charges, ensuring the law is no longer unclear and paving the way for clarification.
Now it has been shown in the Supreme Court that even if it were a breach the charge would be enforceable.
If the driver wishes to accept the terms and conditions of parking, as opposed to breaking the terms and conditions then the charge remains.
The result of Beavis means our legal position is even stronger and the parking charges issued by Capital Car Park Control are fully enforceable in the courts.
Please note, if you choose to take advice from forum "advisers" hiding behind aliases, it is your responsibility of the outcome and will cost YOU, not them.
Our advice is that you weigh up the negatives against the positives with the fact of a stranger on the internet (possibly on the other side of the world) who doesn’t not have your best interests at heart but simply using you as a pawn to try your luck against (7) SUPREME court judges.
Our Advice to you:
We advise that if you have a genuine reason for your appeal, you contact us in the first instance where we are more than happy to review the circumstances, look at the evidence you provide together with the evidence we hold.
The amount will be frozen until a decision has been made and if satisfactory, we will inform you and close your file.
If however your appeal is rejected, we will provide you the reason why and provide you a further opportunity to pay the reduced amount shown on the face of the Parking Charge Notice (PCN). However, if you are not satisfied with our decision you have the opportunity to have your appeal heard independently, using POPLA (Parking on Private Land Appeals) although we must inform you that using this facility will result in you losing the opportunity to pay the reduced amount immediately.
You will have the opportunity to pay the full amount shown on the face of the PCN, but failing this will result in the file being forwarding to our debt recovery agent and the amount increasing by a further £60.00 on top of the full amount shown on the face of the PCN.
If the amount continues to remain unpaid, we may seek to recover additional amounts from you as well as the parking charge, the amount added by the Debt recovery agent and may also include court fees and solicitor’s costs.