Beavis puts himself forward as government parking ‘tsar’

Barry Beavis

Barry Beavis

Barry Beavis, the chip shop owner whose legal battle against a private land parking charge goes to the Supreme Court next week, has volunteered his services to the government as a parking ‘tsar’ to lead the reform of the private parking industry.

He has called on Greg Clark, the minister for Communities and Local Government, to ensure the private parking industry is regulated. Beavis says there are currently “multiple codes of practice and multiple appeals processes confusing the motorist”. He wants to see one single body, regulated and responsible to the government. Beavis suggests that enforcement firms are paid to manage private car parks so the incentive to issue more tickets is removed. 

Private land sites should employ on-site attendants to help manage car parks, he states, adding that charges for persistent over-stayers should be transparent and fair, with charges in line with local authority penalties.

At Cambridge County Court last May, Beavis argued that the £85 parking charge notice he received for an hour’s overstay in a free car park at a retail park in Chelmsford was disproportionate and unlawful.

ParkingEye, which is owed by Capita, argued the charges were justified to discourage people from over-staying at a site close to the railway station and law courts.

After losing the case, Beavis was given leave to appeal and was backed by Which? The consumer watchdog believes the case has wider ramifications than parking management as it could impact on consumer law and any case involving a breach of contract.

In April the appeal court judges ruled in favour of ParkingEye but gave Beavis leave to appeal to the Supreme Court, with the case due to be heard next Tuesday 21 July. 

Barry Beavis says: “I am confident the Supreme Court will overturn the decision of the Court of Appeal as this parking charge is totally unfair and should be thrown out.

“The whole private parking industry needs to change to better serve the motorist so I am calling on the government to introduce regulation and offer my services as its parking ‘tsar’.”

Beavis is being backed by the RAC Foundation and Which? Steve Gooding, director of the RAC Foundation, says: “It is difficult to overestimate the importance of this case. Each year at least three million drivers are pursued by private parking firms to get them to pay penalty charges. 

“Few people would want to see an unrestricted parking free-for-all, but most of us would agree that being billed as much as £100, and sometimes more, for briefly overstaying our welcome is wholly disproportionate. 

“Earlier this year John de Waal QC advised the RAC Foundation that many of these charges are extravagant and unconscionable. Now he is representing Mr Beavis and will test these arguments in the highest court in the country. 

“Drivers hoped that the 2012 clamping ban would mark the end of parking disputes on private land. Sadly not. The absence of a fair and binding code of practice on private parking companies has led to the situation we are in today. We hope the courts will now settle the question of what a reasonable charge for overstaying actually is.”

Which? executive director, Richard Lloyd, adds: “The Supreme Court has given us permission to intervene again in this case to ensure the court is fully aware of the ramifications of this decision for all consumers. We're pleased this case is being taken to the highest level as we are concerned the Court of Appeal's decision could water down the law on penalty charges and may encourage excessive default charges across a wide range of consumer markets.”