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 everyones mind, however on checking the various consumer forums they are STILL trying to convince people the charges are not enforceable.
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 though the judge hearing the case may disagree.
https://www.combinedparkingsolutions.com/downloads/beavis1.pdf
We are unsure why the internet forums are still debating the issue, 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.
We also suspect that despite the forum advisors hiding behind aliases they are really highly educated and qualified legal experts who know the law better than the 7 supreme court judges that heard the arguments and made the decision.
One thing is for certain, thanks to the internet forums they have done wonders for stenthning the legal position of parking companies who issue charges, ensuring the law is no longer unclear and paving the way for clarification.
In terms of Combined Parking Solutions, we have ALWAYS been very clear that our charges are NOT based upon a breach but a contractual agreement/charge but in appeals people still send template letters based upon a breach and even in court hearing they argue this irrelevent point.
Now it has been shown in the Supreme Court that even if it were a breach the charge would be enforcable.
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 charge is a core-term of the parking contract and therefore as the supreme court case of OFT -v- Abbey National decided in 2009 – core terms can NEVER be subject to the assessment under unfair contract terms, see below:
https://www.supremecourt.uk/decided-cases/docs/UKSC_2009_0070_PressSummary.pdf
In fact the Judges in the case of Beavis even stated this during the hearing that a contractually agreed term is not a penalty :
https://www.combinedparkingsolutions.com/downloads/beavis_tran.png
We have argued this in courts across the UK and each and every time the courts have found that our charges are not the same as those issued by Parking Eye, a sample of those cases are here:
https://www.combinedparkingsolutions.com/downloads/watts.pdf
https://www.combinedparkingsolutions.com/downloads/hall.pdf
The result of Beavis means our legal position is even stronger and the parking charges issued by Combined Parking Solutions are fully enforcable in the 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..
