A0JD1405 ParkingEye v Cargius. (25 November 2014, Wrexham County Court). DDJ Mahy dismissed the claim, The charge of £100 far exceeded the cost of the overstay (£2) and subsequent costs. Commercial justification did not apply because the car park generated substantial revenue and therefore it was not necessary to charge large amounts for transgressions to make management commercially viable.
Mr Cargius has generously made the full judgment available which can be downloaded from The Prankster website as exhibit CS027 from the case law page.
The Prankster recommends that all motorists being charged for overstay in paid car parks reference this case in their defence, and file a copy of the judgment as evidence.
Ironically ParkingEye themselves have also argued in court that PE v Beavis and Wardley is not applicable to paid car parks. This does seem an unusual approach as they base their whole justification on this case.
ParkingEye also regularly fail to mention in their claim that this case is going to the court of appeal in February 2015. Defendants should therefore also take with them HHJ Moloney's right to appeal document, available on the exhibits page.
The Prankster also notes that DDJ Mahy has followed HHJ Moloney's decision that ParkingEye are the principal in the case. The Prankster disagrees with her, but she can only rule on the evidence before her. ParkingEye improperly redact contracts when they show them to judges to give the impression they are the principal. ParkingEye have previously threatened to take legal action against the Prankster for exposing the fact they improperly redact contracts. However, The Prankster can confirm that the contracts supplied to both HHJ Moloney and DDJ Mahy were improperly redacted and therefore deceived both judges.
The full story of the case is available here
The Parking Prankster