Court of Appeal rules parking charges are not ‘penalties’

The Court of Appeal has handed down judgment today in Parkingeye v Beavis [2015] EWCA Civ 402. Jonathan Kirk QC successfully represented the parking company. A charge of £50 (increased to £85 following non-payment within 14 days) had been imposed for overstaying a two hour free stay in a city centre car park by 56 minutes. The Court held that the fine was not “extravagant or unconscionable” and therefore could not be struck down as a penalty at common law. Permission for Mr Beavis to appeal to the Supreme Court has been granted.