ParkingEye drives home a penalty – charge for a breach of contract allowed – Technology Law Update

Posted April 29th, 2015 in appeals, consumer protection, contracts, fines, news, parking by sally

‘A dispute over a parking fine has received a lot of press attention from the angle of the aggrieved motorist standing up to big business. But there are wider implications. The recent Court of Appeal decision in ParkingEye v Beavis demonstrates a more flexible approach to penalty clauses in contracts, and illustrates how the unfairness rules will be applied to penalty charges in consumer-facing contracts (EULAs, e-commerce terms etc).’

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Technology Law Update, 28th April 2015

Source: www.technology-law-blog.co.uk

Barry Beavis parking charges challenge dismissed – BBC News

Posted April 24th, 2015 in appeals, fines, news, parking, unfair contract terms by sally

‘A chip shop owner has lost his Court of Appeal challenge over what he claimed were “unfair, unlawful and disproportionate” parking charges.’

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BBC News, 23rd April 2015

Source: www.bbc.co.uk

‘Millions of pounds’ hang on one parking fine appeal – The Independent

Posted February 25th, 2015 in appeals, fines, news, parking by sally

‘Barry Beavis is in court with the aim of striking a blow “for every motorist, in every car park”.’

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The Independent, 24th February 2015

Source: www.independent.co.uk

RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

The legal confusion over perpendicular parking – BBC News

Posted December 18th, 2014 in news, parking, road traffic offences by sally

‘A Smart car owner has won a year-long battle over a £50 parking ticket given because she parked at a right angle to the kerb. But what is the law, asks Chris Stokel-Walker.’

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BBC News, 17th December 2014

Source: www.bbc.co.uk

Revised transparency code for local government in England in force next month – Local Government Lawyer

Posted October 6th, 2014 in budgets, codes of practice, disclosure, local government, news, parking by sally

‘A revised Local Government Transparency Code is to come into force in England next month, the Department for Communities and Local Government has announced.’

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Local Government, 3rd October 2014

Source: www.localgovernmentlawyer.co.uk

Drivers may be able to reclaim millions in unfair parking fines – The Independent

‘Motorists could demand the refund of more than £100m in parking fines, after what experts described as an “explosive” tribunal ruling left local government traffic officials in “absolute panic”.’

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The Independent, 21st September 2014

Source: www.independent.co.uk

Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

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OUT-LAW.com, 21st May 2014

Source: www.out-law.com

Blue badge fraud prosecutions ‘double over three years’ – BBC News

‘Blue badge fraud prosecutions have doubled over three years, figures from English councils have revealed.’

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BBC News, 17th May 2014

Source: www.bbc.co.uk

Newham Council refunds up to £347,000 in illegal parking fines – BBC News

Posted April 8th, 2014 in fines, local government, news, parking, repayment by sally

‘An east London council is refunding up to £347,000 to drivers after parking tickets were illegally issued by a dozen cameras.’

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BBC News, 8th April 2014

Source: www.bbc.co.uk

Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

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The Independent, 10th March 2014

Source: www.independent.co.uk

Hamnett v Essex County Council – WLR Daily

Hamnett v Essex County Council [2014] EWHC 246 (Admin); [2014] WLR (D) 72

‘The Administrative Court, hearing a claim for a statutory review brought under the Road Traffic Regulation Act 1984, did not have jurisdiction to investigate an alleged breach of section 29 of the Equality Act 2010.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

CCTV warning notices non-compliant with data protection laws, says watchdog – OUT-LAW.com

‘The Government must take action to ensure that signs used to warn motorists that CCTV cameras are being used to monitor for parking offences are compliant with UK data protection laws, a watchdog has said.’

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OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Asda car park death: Alan Watts guilty of manslaughter – BBC News

Posted December 13th, 2013 in assault, homicide, news, parking, self-defence by sally

‘A man has been jailed for five years for punching and killing another man during a row over a disabled space in a supermarket car park.’

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BBC News, 12th December 2013

Source: www.bbc.co.uk

Self-parking cars hit legal obstacles – Daily Telegraph

Posted October 28th, 2013 in EC law, news, parking, road traffic offences by sally

“The dream of owning a car which parks itself will have to wait until the law is changed in Britain and Europe.”

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Daily Telegraph, 25th October 2013

Source: www.telegraph.co.uk

Councils using CCTV to fine motorists for parking to be made illegal – The Independent

Posted September 27th, 2013 in closed circuit television, evidence, fines, local government, news, parking by tracey

“Councils in England could be banned from using CCTV cameras and ‘spy cars’ to hand motorists parking fines under new government proposals.”

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The Independent, 27th September 2013

Source: www.independent.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Councils could be forced to cut parking permit cost following court judgement – Daily Telegraph

Posted July 23rd, 2013 in local government, news, parking by tracey

“Councils across the country could be forced to cut the cost of residents’ parking permits following a landmark judgment in the High Court.”

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Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk

Cusack v Harrow London Borough Council – WLR Daily

Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250

“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

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UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com