When can a company be held liable for a parking charge ??
Recently Combined Parking Solutions attended a court case against a company “AJH Films” for an unpaid parking charge and due to the hire company not providing all the documents required to transfer liability under Schedule 4, Protection of Freedoms Act 2012 we were unable to pass liability to AJH Films under the schedule.
AJH Films refused to name the employee who was driving the vehicle, as they had no obligation to as we were not pursing the charge under Schedule 4.
Combined Parking Solutions then argued as the company (“AJH Films”) were the hirer and the vehicle was not reported stolen then the company had permitted the employee to use the vehicle then it would follow they should be liable for charges incurred.
In normal circumstances Combined Parking Solutions could have referred to vicarious liability, however as the legal basis of the claim was contractual rather than in tort this liability does not exist.
An explanation of Vicarious Liability can be found here:
https://en.wikipedia.org/wiki/Vicarious_liability
The trial judge at Wolverhampton County Court found in favour of Combined Parking Solutions and agreed that as the vehicle was being used by the employee with the knowledge of the employer then the employer should be responsible for the parking charge.
AJH Films decided to appeal this decision and the case heard a few months later in Birmingham County Court by a circuit judge His Honour Judge Worster who also upheld the decision by the initial judge.
Unhappy with this, AJH films then sought permission to take this to the Court of Appeal and the initial application on paper was refused by Lord Justice Patten but AJH films wished it to be reviewed in an oral hearing which took place on 3rd December 2015 by Lord Justice Richards.
AJH films appeal was again refused but the judgement contains various important comments as to why the appeal was refused but primarily confirms that an employer can be held liable for unpaid parking charges if they are unable or unwilling to name the driver.
The case report is detailed below:
http://www.bailii.org/ew/cases/EWCA/Civ/2015/1453.html
We feel this is a very important case when dealing with companies and fleet managers who refuse to advise the person driving a vehicle, as this case was reviewed and heard by 2 appeal court judge’s and the same conclusion reached this will be binding on all lower courts.
Contact us today if you require assistance in resolving your car park issues with a system that is proven to be 100% effective, legally enforceable and free to implement.
For more information and details on how Combined Parking Solutions can resolve your parking issues then call now on 0871 288 4606 or you can email us..
