The Court of Appeal in April 2015 dismissed an appeal brought by Barry Beavis, against Parking Eye and in doing so confirmed that in general the operation and management of parking on private land, the associated charges, and legal context are legitimate, proportionate and fair. This unanimous Decision by the Court of Appeal completely negates the assumption you make in the title of your document and the implication in the first question.
Moreover the Court of Appeal did not consider a parking charge of £85 issued by a private parking company as unenforceable or unfair, since it was not extravagant or unconscionable and compares with those charges applied by local authorities in similar circumstances. The Appeal Court all accepted that the parking charge made in this case was not a penalty, and the issue of genuine pre-estimate of loss is not relevant.
Their Lordships also acknowledged that Parliament has supported (via the Protection of Freedoms Act) that such parking charges could be made so long as they are brought to the attention of the motorists at the time of use of a car park;
In short the Court of Appeal has accepted that landowners do have the right to manage their land, impose charges at a level which deters motorists from overstaying or not complying with published terms and conditions and allows the car park to be managed effectively and that Parliament has endorsed this principle in the Protection of Freedom Act.
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