The Landmark Case
In November 2015, the UK Supreme Court ruled in ParkingEye Ltd v Beavis that a private parking charge of £85 for overstaying a 2-hour free parking limit at a retail park was enforceable. This was a landmark decision that significantly strengthened the position of private parking operators. But the ruling is often misunderstood.
What the Court Actually Said
The Supreme Court held that the charge was not a penalty (and therefore unenforceable) because:
- ParkingEye had a legitimate interest in managing the car park efficiently for the benefit of the retail park and its customers.
- The £85 charge was not extravagant or unconscionable relative to that legitimate interest.
- The terms were clearly displayed on prominent signage.
- The motorist had freely chosen to park and accept the terms.
What It Does NOT Mean
The Beavis ruling does not mean every private parking charge is automatically enforceable. You can still appeal successfully if:
- Signage was inadequate or unclear (unlike in Beavis, where signage was prominent).
- The POFA 2012 requirements were not met.
- There were mitigating circumstances.
- The ANPR system made an error.
- The charge is significantly higher than £85 without justification.
- The operator doesn't have the same "legitimate interest" as ParkingEye did in Beavis.
How to Use Beavis in Your Appeal
If the facts of your case differ from Beavis — inadequate signage, POFA failures, errors — distinguish your case from Beavis and explain why the same reasoning doesn't apply.
Generate Your Appeal Letter
Know the law, fight your fine. Generate your personalised appeal letter in minutes with CancelMyFine — just £4.99. Visit CancelMyFine.co.uk for a legally-informed appeal.