England: Parking firm meets its match after fining QC

ParkingEye sued Nicholas Bowen QC (pictured), who refused to pay the fine after exceeding a free two-hour parking period when he stopped for a nap at Membury Services on the M4.

The QC argued that the company lacked any legal right to charge people for parking to sleep in an empty service station during the night and that it was a breach of consumer protection laws.

“It was just before midnight and the car park was virtually empty. I woke up at about 2.20am and, feeling refreshed, drove home,” he said.

He added that there was no signage where he parked and that he only exceeded the free period by 20 minutes.

The company disagreed, saying he overstayed by 35 minutes.

He fought the case on “public interest basis”.

At Central London County Court, the company failed to show and the judge ordered that it pay Mr Bowen’s costs.

Mr Bowen wrote in an email to ParkingEye: “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.”

He added: “I hope ParkingEye will learn a lesson from losing this case, reconsider your contractual terms and change what is an unlawful and unconscionable practice.”