ParkingEye vs Beavis Supreme Court Decision
The Supreme Court has dismissed the appeal in the ParkingEye v Barry Beavis case. The full judgement is available here.
The BPA welcomes the decision which provides clarity on the use of contract law for parking on private land. The ruling supported the view of the Court of Appeal judges in April this year and that of Judge Moloney that the charge should be an effective deterrent.
The judgment confirms that the current charging level is lawful and reasonable and motorists parking on private land must comply with the advertised terms and conditions. The Supreme Court effectively concludes that the BPA’s Code of Practice for parking on private land is a good and fair model.
Terms and Conditions
CUSTOMERS ARE REQUESTED TO READ CAREFULLY THESE TERMS AND CONDITIONS OF ENTRY TO AND USE OF THIS CAR PARK AND TO FOLLOW THE PROCEDURES RECOMMENDED IN THESE TERMS AND CONDITIONS WHICH, ARE FOR THEIR BENEFIT. SHOULD ANY CUSTOMER WISH TO MAKE A COMPLAINT. THE COMPLAINTS PROCEDURE SET OUT IN CONDITION 3 BELOW SHOULD BE FOLLOWED SO AS TO ENSURE THAT THE COMPLAINT IS BROUGHT PROMPTLY TO THE ATTENTION OF THE HEAD OFFICE STAFF.
In these Terms and Conditions the following terms shall have the meanings set out opposite them:
“The Company” means Green Parking Limited whose registered office is:
1 Golden Court, Richmond, Surrey TW9 1EU
and shall where the car park is managed or operated
by a subsidiary company include that subsidiary company: and
means the vehicle which is received into the car park and shall include any mechanical device on wheels or tracks, its equipment and accessories.
2. The Company’s Liabilities
Customers are asked to remember that a public car park is open to everyone. The staff have instructions to remove persons misbehaving themselves, but it is impossible to exclude undesirables altogether and the Company cannot therefore guarantee the security of customers’ vehicle or their contents. Accordingly:
(a) the Company, its servants and agents will accept liability up to £10,000 for any one claim and £50,000 in respect of a series of claims arising out of one breach of duty or other incident giving rise to liability insofar as this limitation is not barred by statute in respect of any loss or theft of or from temporary failure to deliver or damage to the vehicle only where the same is proved and to the extent that it is proved to be caused by the negligence, willful act or default or breach of statutory duty of the Company, its servants or agents or the dishonesty of its servants or agents; and
(b) the Company, its servants and agents will accept liability in respect of the death of or personal injury sustained by customers and other in the car park up to a limit of £2,000,000 insofar as this limitation is not barred by statute for any one claim or series of claims arising out of one breach of duty or other incident giving rise to liability only where the same is proved and to the extent that it is proved to be caused by the negligence, willful default or breach or statutory duty of the Company, its servants or agents: and
(c) the Company, its servants and agents will not accept any liability whatsoever insofar as this limitation is not barred by statute for any damage to the vehicle whilst it is being moved or relocated for the purpose of cleaning it in accordance with clause 10.4.
3. Complaints Procedure
Should customer’s vehicles suffer damage whilst in the car park or should they lose the vehicle or any of their possessions from the vehicle whilst it is in the car park they are requested:
(a) Immediately to inform a member of staff of the occurrence; and
(b) In cases of theft, immediately to inform the Police; and
(c) To notify their insurers promptly.
If customers consider that they have a claim against the Company they must within 72 hours of discovery of the loss or damage give written notice containing full details of the occurrence to the Company at its head office at: 1 Golden Court, Richmond, Surrey TW9 1EU. Before submitting a claim to the Company, customers are requested to check Condition 2 above and to satisfy themselves that the subject matter of their claim falls within the Company’s area of responsibility.
Failure to comply with the above procedure may prejudice the customers’ position.
4. Securing vehicles
Unless requested by the Company or one of its servants or agents not to do so, customers must ensure that before they leave the car park:
(a) Their vehicle is securely locked;
(b) That all the windows of their vehicle are securely closed; and
(c) If their vehicle is fitted with a steering lock or similar device, that it is engaged.
5.1 Wherever possible customers should take their possessions with them when they leave their vehicle.
5.2 If customers have to leave possessions in their vehicle, they should not leave them on the seats where they are visible. They should put them in the boot and lock it. In particular lap tops, satellite navigation hardware and other such items under no circumstances should be on view.
5.3 Customers are reminded that their motor insurance policies may not cover possessions in the vehicle. It is possible to arrange separate insurance cover for possessions and customers are recommended to do so.
6. Courtesy to other customers
Should a customer damage another customer’s vehicle, they are requested to report the matter immediately to a member of the Company’s staff and give him the registration numbers of both vehicles.
7. Safety in the Car Park
7.1 Customers must drive carefully in the car park and obey the directional signs.
7.2 Customers should remember that car parks can be dangerous. After they have parked their vehicle, they should proceed to the nearest passenger lift or stairs or exit ways to reach street level. These are signposted at all levels. Customers should not wander about in the car park. Customers should keep a careful eye on their children and not permit them to play in the car park.
8.1 All car park tickets are the property of the Company. Car park tickets are sold at a charge displayed on the pay and display signage. The ticket issued is available only for the vehicle in respect of which it is issued. A ticket does not entitle the customer, unless otherwise specified, to any particular space in the car park or to any priority over other customers.
8.2 Customers must produce a car park ticket during the specified hours of operation as advertised on the pay and display signage. Failure to do so will require the customer to pay a parking charge as advertised on the car park or the pay and display signage.
Every customer who enters into a contract with the Company for the parking of a vehicle at the car park, whether by purchasing a ticket or otherwise, does so on behalf of themselves and all other persons having any proprietary, possessory or other financial or material interest in the vehicle and its contents.
10. Moving and re-location of vehicles
10.1 The Company reserves the right to move the vehicle within the car park by driving or otherwise to such extent as the Company, its servants or agents may in their discretion think necessary to avoid obstruction or for the more efficient arrangement of its parking facilities at the car park.
10.2 The Company additionally reserves the right where the car park has to be closed either permanently or temporarily in whole or in part or has to be evacuated in cases of emergency to remove any vehicle at any time to any other car park within the control of the Company within a reasonably convenient distance.
10.3 To the extent that it may be necessary to do so in the exercise of the rights conferred upon the Company under this condition, the Company, its servants or agents shall have the right to drive or otherwise take the vehicle on the public highway.
10.4 Where the facilities of the car park include a cleaning and washing service, the Company reserves the right to move the vehicle within the car park by driving or otherwise to such extent as the Company, it servants or agents may in their discretion think necessary to carry out this service. 10.5 Where the facilities of the car park include a park and ride service or valet parking then the Company reserves the right to move the vehicle.
Every vehicle in the car park is subject to a lien for all charges due or accruing due from the customer to the Company, and a general lien for all and any monies due from the customer to the Company, such liens to be in existence whenever the vehicle is in the car park, notwithstanding that it may from time to time have been removed from the car park. If the said lien is not satisfied by the payment, within 28 days of notice given by the Company any of its intention to sell the vehicle in default of payment, the Company may sell the vehicle by auction or otherwise and the proceeds of the sale may be applied in and towards satisfaction of all sums owing to the Company by the customer together with the expenses of the sale, and in connection with such sale the Company shall be entitled to charge reasonable garage charges in respect of the period during which the vehicle is in the possession of the Company. Any balance of purchase price remaining after satisfaction of such sums shall be held by the Company on behalf of the registered keeper of the vehicle. Notice of intention as aforesaid shall be deemed to have been properly and sufficiently given by the sending of written notice by pre-paid post, addressed to the registered keeper at his last known address, whether or not the same is actually received.
Parking fees shall be as displayed from time to time on the car park tariff signage or pay and display signage.
13. Prohibited activities
13.1 No vehicle shall be towed into the car park and no work on or cleaning of vehicles by customers or their agents shall be done in the car park.
13.2 No activity in connection with the selling, hiring or other disposal of the vehicle shall be carried out in the car park.
14. Statutory Grace Period
A Statutory Grace Period minimum of 10 mins has been set for Councils by the Government. Green Parking acknowledges this law, operating a 15 minute grace period.
15. Variation of these Terms and Conditions
No person has any authority to vary or alter these Terms and Conditions unless such variations are in writing under the hand of a director of the Company or its secretary.
Whilst the exclusions and limitations of liability in above agreement are considered by the Company to be reasonable in all the circumstances it is agreed that if one or more of such exclusions or limitations shall either taken by itself or themselves together be adjudged to go beyond what is reasonable in all the circumstances under statute or common law but would be adjudged reasonable if any particular exclusion or limitation were deleted or if any part of the wording thereof were deleted, restricted or limited in any particular manner including the increase in a maximum sum for liability then the said exclusions shall apply with such deletion, restrictions or limitations as the case may be.
These Terms and Conditions shall be governed by and construed in accordance with the law of England. The customers irrevocably submit to the jurisdiction of the English Courts.