BW Legal, representing Britannia Parking Group Limited, was unsuccessful in a claim that incurred over £5,000 in costs for their client.
Britannia Parking Group went to great lengths, investing over £5,000 in an attempt to pursue our former client, Mrs. Michelle Morris, for a mere £100 parking charge. However, their claim was promptly dismissed after it surfaced that they were endeavouring to enforce a concealed 10-minute payment rule.
Mrs. Morris received a charge notice in May 2019 for a car park monitored by ANPR cameras. Despite appealing, stating it took 23 minutes to locate a space, review terms, and obtain a valid ticket due to business, Britannia initiated court proceedings, alleging Mrs. Morris failed to make a valid payment. Yet, it was revealed they were relying on an undisclosed 10-minute rule for payments post-entry.
An application to strike out the claim was successfully made on her behalf by our solicitor’s partner, Lawrence and Associates Solicitors, resulting in costs being awarded against Britannia. Although permission to appeal was initially refused, it was later granted and the appeal was allowed .
Represented by Mr. Jackson Yamba at the final hearing, Mrs. Morris effectively argued that the terms only stipulated "pay on arrival" without specifying any time limit. She contended there was no breach as she purchased a valid ticket after a reasonable time to park and review signage.
However, Britannia Parking Group, represented by Ashleigh Keily, Barrister at 25 Canada Square Chambers, disagreed with Mr. Yamba's submission. It was her stance that Mrs. Morris was bound by the terms as soon as she entered the car park.
This case uncovered Britannia's expenditure of over £5,000 in an attempt to enforce a rule not prominently displayed, thereby breaching good practice. Their failure to substantiate the true reason for the charge ultimately resulted in the dismissal of their claim.
Ultimately, the court sided with Mr. Yamba's compelling argument, acknowledging that the terms only stipulated "pay on arrival" without specifying any time limit. The court concurred that there was no breach, as Mrs. Morris purchased a valid ticket after a reasonable time to park and review signage.
For top-notch legal representation and expert guidance, entrust your case to Contestor Legal Services. Our experienced team is committed to delivering exceptional results for our clients. Contact us today to learn more about how we can assist you with your legal needs.