David Triumphs Over Goliath in Parking Ticket Display
In recent parking charge appeal case against national parking company KBT Cornwall Ltd represented by BW Legal Services Ltd, Mr. Kevin Tyler emerged victorious with the assistance of Contestor Legal Services. Mr. Tyler was facing an unjust £100 charge for allegedly failing to correctly display his parking ticket.
KBT Cornwall, known for operating car parks across Cornwall, alleged that Mr. Tyler breached the terms and conditions by displaying his ticket face down on the dashboard instead of face up on the windscreen, leading to the issuance of a parking charge notice.
However, Mr. Tyler contested the charge, arguing that the ticket was prone to displacement due to its poor design, especially susceptible to movement with even a small gust of wind. Additionally, he pointed out that the signage in the car park did not explicitly state that the ticket must be displayed face up.
Seeking legal support, Mr. Tyler turned to Contestor Legal Services to draft his defence and engaged Lawrence and Associates Solicitors for representation. At the final hearing, Mr. Jackson Yamba, representing our former client, successfully argued that KBT Cornwall had breached the implied contract between them and Mr. Tyler by failing to adhere to the IPC Code of Practice in their appeals process.
Mr. Yamba emphasised that KBT Cornwall rejected Mr. Tyler's initial appeal beyond the required 21-day timeframe and neglected to inform him of his right to further appeal to the Independent Appeals Service, as mandated by the IPC Code. Furthermore, he cited the landmark case of ParkingEye v Beavis, where the Supreme Court ruled that parking operators must adhere to the IPC or BPA Code of Practice for fairness.
The judge concurred with Mr. Yamba's arguments and dismissed the £100 parking charge, ruling that KBT Cornwall had failed to handle Mr. Tyler's appeal properly, as stipulated by the IPC Code. This significant victory serves as a reminder to parking operators and their legal representatives of the importance of following correct procedures.
Contestor Legal Services takes pride in ensuring justice prevails for our clients, and Mr. Tyler's case is a testament to our commitment to excellence and fair representation. If you find yourself facing similar challenges, do not hesitate to reach out to us for expert legal assistance.
Join us in congratulating Mr. Kevin Tyler on his well-deserved victory!