Judgement has been given against Beavis.
Does this open the floodgates for parking companies to take people to court?
Link to full judgement and press summary here:
www.supremecourt.uk/cases/uksc-2015-0116.html
Made more complicated by case being conjoined with another raising the same legal issue of penalties but on very different facts. The court found that the £85 charge in Mr Beavis's case was, in all circumstances, proportionate to the 'offence' and not an unlawful penalty. I don't think they've said 'anything goes'.
The case will inevitably allow the parking companies to go to the County Court with more confidence than previously.
However, as is usually the case, the Supreme Court has only really set out some legal principles. It will now be for the lower courts to apply those principles in practice - and that's where the fun will begin. Inevitable i think that a judge will say that while £85 is proportionate some higher sum is not. Cue a further appeal but not likely to get as far as Supreme Court.
|