Parking firm which sued top lawyer over £85 parking fine for stopping to nap in a service station ordered to pay £1,550
A COWBOY parking firm that took a top lawyer to court over an £85 fine for stopping to nap in a service station was ordered to pay out £1,550 when the case was dismissed.
ParkingEye sued Nicholas Bowen QC after he refused to pay the fine for going over the free two-hour limit while snoozing at Membury Services on the M4.
But the firm, which brags of winning 90 per cent of its county court hearings, was left red-faced after being ordered to pay £1,550 in costs when the judge dismissed the case.
The lawyer argued the company had no legal right sue to people for parking to take a nap in an empty service station car park at night.
He also said it was a breach of consumer protection law, and that he hoped ParkingEye would "learn a lesson from losing the case".
Mr Bowen had pulled into the Welcome Break at around midnight to have a short nap in the "virtually empty" car park in May last year and overstayed by 20 minutes.
He insisted there were no signs with parking information where he stopped his car, but ParkingEye claimed he overstayed by 35 minutes and issued the ticket.
The firm, owned by Capita, has given out more than 60,000 county court judgments (CCJs) against motorists in the past three years.
Mr Bowen said it would have been "far easier" to pay the fine, but he decided to stand up to the firm on a "public interest basis".
When the claim came to Bournemouth County Court, ParkingEye was not present, and the judge ordered the company to pay Mr Bowen’s costs.
In an email to the controversial company, Mr Bowen said: "It is a pretty poor show that, having issued proceedings, ParkingEye lacked the courage of its convictions or confidence to even turn up to the small claims court to argue about the commercial and legal justification for your business model.
"My defence was that your contract was unenforceable, and that you have no legal right to charge members of the public for night parking in service station car parks."
How to appeal a parking ticket
NO matter who has issued the parking ticket it is possible to fight it if you think you’ve been unfairly charged. Although, it’s important to keep in mind that the fine may increase if your appeal is unsuccessful.
If a Penalty Charge Notice was issued by the local council, unless you have grounds to appeal, you should pay up. Here you have broken the law. The penalty is just that – a genuine penalty or fine – not just a “charge”.
If you do have a compelling, or very persuasive reason for appealing, the council can use its discretion to decide whether to cancel the notice. Drivers will have to complain to the council in writing, with any witness statements or photographs included.
If you get a parking ticket from a private company, find out what company has issued the ticket.
Gather evidence if you plan to appeal, for example, take photographs to show unclear signs or anything else that might be relevant. Keep all your correspondence with the company and hold off paying the fine if you want to challenge it.
Most of the big, private car park operators are part of the adjudication scheme, Popla (Parking on Private Land Appeals). If Popla takes the driver’s side, the charge is cancelled. If the driver’s appeal is refused, the company can carry on seeking payment and ultimately has the option of taking the vehicle owner to the small claims court.
He is now demanding the firm issues immediate payment to cover the costs of the work on his eight-page defence, and accused the company of "indulging in pernicious bullying tactics against motorists".
It added that it was "considering its options within the time limits set out by the court".
In July, The Sun revealed how ParkingEye was buying personal details of British drivers as they hunted down unpaid tickets.
They bought the largest amount of records – more than 570,000 in the first quarter of 2017/2018.
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