The legality of parking charges imposed by private car park operators on motorists who overstay is under challenge in the Court of Appeal.
In a hearing of interest to drivers up and down the country, a test case is being brought by driver Barry Beavis, from Chelmsford, who is challenging an £85 parking charge on the grounds that it is both unfair and unenforcable.
Mr Beavis was sent a charge letter from ParkingEye after he overstayed a two-hour limit at Riverside Retail Park car park in Chelmsford in April 2013.
He took his case to Cambridge County Court, but Judge Moloney QC upheld the charge and ruled in May last year that it did not breach the Unfair Terms in Consumer Contracts Regulations.
Opening a two-day appeal, Sa’ad Hossain QC argued Judge Moloney had taken a wrong approach to the law and the charge was “a penalty clause” not binding on Mr Beavis.
Mr Hossain told three appeal judges as Mr Beavis listened: “The case raises questions of wide-ranging significance to private operators whose revenue and profit wholly or mainly derives from the levying of these charges for overstaying.”
He added: “This case is of great interest to motorists in general, especially those who have – or may -overstay their required parking period.”
Mr Hossain said Mr Beavis overstayed the maximum two-hour period of free parking at the Riverside car park managed by ParkingEye by 56 minutes.
“His extra 56 resulted in a cost of £85”, said the QC. “The same situation would have applied had he only overstayed by 10 minutes.”
The case, expected to last two days, is being heard by Lord Justice Moore-Bick, vice president of the civil appeal court, sitting with Lord Justice Patten and Sir Timothy Lloyd.