A senior barrister has had a case against him thrown out of court after he was sent an £85 parking ticket.
In May last year Nicholas Bowen QC pulled in to a service station on the M4 just before midnight for a nap. He woke at 2:20am and continued on his journey home. A few days later a ticket arrived in the post claiming that there was a two hour limit on parking at the station. Bowen wrote to ParkingEye to explain that he was unaware of any signage, and that on subsequent inspection the only reference was “in microscopic print in a different part of the car park requiring 20/20 vision or a magnifying glass”.
ParkingEye was unmoved. Bowen unsuccessfully appealed. He still refused to pay, so ParkingEye took him to court. And lost. Bowen's counsel arrived on 18th August to find that ParkingEye hadn't shown up. The judge threw out the case and ordered the company to pay Bowen's costs of £1,550.
Bowen said that he fought the case in order to stand up to what he considered to be bullying tactics. He claimed that the terms were clearly unenforceable, and in an email to the company said “I hope ParkingEye will learn a lesson from losing this case, reconsider your contractual terms and change what is an unlawful and unconscionable practice.”
ParkingEye claimed that it had indeed arrived at court but had been told that the case wasn't listed. It was now "considering its options within the time limits set out by the court.”
Tip Off ROF
In May last year Nicholas Bowen QC pulled in to a service station on the M4 just before midnight for a nap. He woke at 2:20am and continued on his journey home. A few days later a ticket arrived in the post claiming that there was a two hour limit on parking at the station. Bowen wrote to ParkingEye to explain that he was unaware of any signage, and that on subsequent inspection the only reference was “in microscopic print in a different part of the car park requiring 20/20 vision or a magnifying glass”.
ParkingEye was unmoved. Bowen unsuccessfully appealed. He still refused to pay, so ParkingEye took him to court. And lost. Bowen's counsel arrived on 18th August to find that ParkingEye hadn't shown up. The judge threw out the case and ordered the company to pay Bowen's costs of £1,550.
Nicholas Bowen QC giving ParkingEye one in the eye. |
Bowen said that he fought the case in order to stand up to what he considered to be bullying tactics. He claimed that the terms were clearly unenforceable, and in an email to the company said “I hope ParkingEye will learn a lesson from losing this case, reconsider your contractual terms and change what is an unlawful and unconscionable practice.”
ParkingEye claimed that it had indeed arrived at court but had been told that the case wasn't listed. It was now "considering its options within the time limits set out by the court.”
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