ParkingEye's claim for an overstay was thrown out of court in York by DJ Wildsmith.
The claim revolved around a parking incident where a mother was travelling with a young baby. On arrival the baby was sick, and the mother had to visit the bathroom to clean up the baby. Following that, a ticket was purchased which, as shown in court, had an expiry time of 16:35. ParkingEye sent a parking charge for overstaying by 14 minutes, departing at 16:00. The terms and conditions of the car park allowed a top-up purchase at any time.
The victim appealed, but ParkingEye lost the paperwork, claiming the appeal was never received, and refusing to allow an appeal later.
In their defence, the victim argued that as ParkingEye's ANPR system knew the time of entry to the car park, that it was reasonable to expect the ticket machine to take this into account, and for the time on it to print the correct time. they also pointed out that the British Parking Association allowed a grace period on entering or leaving the car park.
ParkingEye's advocate spoke to the victim before the hearing started and explained their case was that the victim should have appealed and that the Supreme Court case of ParkingEye v Beavis would be relevant.
The judge disagreed and ended up giving the advocate a telling off for the case even coming to court. The judge ignored her pleas about the Supreme Court and then slammed her for Parkingeye's deficient appeal process. She then tried arguing about the time paid for the ticket, and that the victim should have known to pay for more before she left. The judge quizzed her on the grace period and the judge surmised that at worst the victim overstayed 14 minutes, at best 4 minutes and given the circumstances to bring her to court for 4 minutes lacked humanity.
The hearing came to an abrupt end. The judge had already mentioned the humanity of the situation earlier and stated it was on this ground that ParkingEye should have dealt with it at appeal as, at best the dispute was over 4 minutes. The appeals procedure should have been more accessible and ParkingEye should not have brought it to court.
The claim was dismissed but without costs.
The Parking Prankster